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14. This Note and interest thereon and any service charge or premium.,, if any, due
<br />hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement,
<br />the Security Agreement, the Pledge and Security Agreement and the Mortgage and do not
<br />constitute a debt of the City within the meaning of any constitutional or statutory limitation, are
<br />not payable from or a. charge upon any funds other than the revenues, and proceeds pledged to the
<br />payment thereof, and do not give rise to a pecuniary liability of the City or any of its officers,
<br />agents or employees, and no holder of this Note shall ever have, the right to clompel any exercise
<br />of the taxing power of the City to pay this Note or, the interest thereon, or to enforce payment
<br />thereof against any property of the City, and this Note does not constitute a charge, lien or
<br />encumbrance, legal or equitable, upon any property of the City, and the agreement of' the City to
<br />perform or cause the performance of the covenants and other provisions herein referred to shall
<br />be subject at all times to the availability of revenues or other funds furnishied -for such purpose in
<br />accordance with the Loan. Agreement, suffic,ien,t, to pay all costs of such performance or the
<br />enforcement thereof,
<br />15. No agreenients or provisions contained in this Note nor any agreement, covenant,
<br />or undertaking by the City in connection with the 'issuance, sale and delivery of this Note shall
<br />give rise to any pecuniary liability of the City or a charge against its general credit, or shall
<br />obligate the City financially in any way., except as may be payable from the revienuies, pledged
<br />hereby for the payment of tbis Note and their application as provided herein. No failure of the
<br />City to comply with any term, covenant, or agreement contained herein or in this Note, l the Loan
<br />Agreement or in any document executed by the City in connection with the issuance and sale of
<br />this Note, shall subject the City to liability for any claim for damages, costs, or other financial or
<br />pecuniary charge, except to the extent that the same can be paid or recovered from the revenues
<br />pledged for the payment of this Note. Nothing herein shall preclude a proper party in 'Interest
<br />from seeking and obtaining, to the extent permitted by law, specific, plerformancle against the City
<br />for any failure to comply with any term, condition, covenant or agreemient contained in, or any
<br />obligations imposed upon the City, or the breach, thereof. In making, the agreemients and
<br />provisions set forth in this resolution, the City has not obligated itself,, except with respect to the
<br />application of the revenues pledged for the payment of this Nolte hereunder.
<br />16. If an Event of Default (as that terni is defined in the Milortgage and the Loan
<br />Agreement) shall occur, then the Lender shall have the right and option to declare, upon ten (10)
<br />days written notice, the Principal Balance and acc rued interest therelon, 'immediately due and
<br />payable, whereupon the same, plus any premiums or, service charges, shall be due and payable,
<br />but solely from sums made available under the Loan Agreement, the Security Agreement, the
<br />Pledge and Security Agreement and the Mortgage. Failure to exercise such option at any time
<br />shall not constitute a waiver of the right to exercise the same, at any subsequent time.,
<br />17. The re medies of the Lender,, as provided herein and i n the Mortgage, the Security
<br />Agreement, the Loan Agreement, the Pledge and Security Agreement and the Pledge Agreement,
<br />are not exclusive and shall be cumulative and concurrent and may be pursued singly,
<br />successively or together, at the sole discretion of the Lender, and may be exercised as often as
<br />no
<br />occasion therefor shall occur; and the failu such re to exercise any su right or remedy shall in
<br />event be construed as a waiver or release thereof.
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