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charge against its general credit, or shall obligate the City financially in any way,, except as may
<br />be payable. from the revenues pledged hereby for the payment of the Note and their application
<br />as provide herein. No failure of the City to comply with any term,, covenant,., or agreement
<br />contained herein or in the Note, or in any document executed by the City in connection with the
<br />issuance and sale of the Note, shall subs ject the City to liability for any claim for damages, costs,
<br />or other financial or pecuniary charge, except to the extent that the same can be paid or recovered
<br />from the rcvenues pledged for the payment of the Note,. Nothing herein shall preclude a proper
<br />party in interest from seeking and obtaining, to the extent permitted by law, specific performance
<br />against the City for any failure to comply with any term, condition., covenant or agreement
<br />contained in, or any obligations imposed upon the City, or the breach thereof. In making the
<br />agreements and provisions set forth in this Agreement, the City has not obligated itsiel,f, except
<br />with respect to the application of the revenues pledged for the payment of the Note herieunder.
<br />Section 7.7 I fit _s _s ..... .. ... Attorneys Fees and Costs. If, notwithstanding the provisions of
<br />Section 7.6 hereof, the City incurs any expense, or suffers any losses, claims or damages, or
<br />incurs any liabilities in connection with the transaction contemplated by this Agreement, the
<br />Borrower will indemnify and hold harmless the City from the same and will reimburse the City
<br />for any reasonable legal or other expenses 'incurred by the City in relation thereto., The Borrower
<br />shall also reimburse the City for all other costs and expenses, including without, limitation
<br />reason-able attornevs' fees, paj,d or incurred by the City in cc nniection with (I), the discussion,
<br />negotiation, preparation, approval, execution and delivery of' this Agreement, the Note, the
<br />Pledge Agreement and the documents and 'Instruments related heretol or thereto; (11) any
<br />cunendments or modifications hereto or to the Note,, the Pledge Agreement and any document,
<br />instrument or agreement related hereto or thereto, and the discussion negotiation, preparation,
<br />approval, execution and delivery of any and all documents necessary or desirable to, effect such
<br />amendments or modifica Lions- ,and (iii) the enforclement � the City duriq the term hereof or
<br />y 19
<br />thereafter of any of the rights or remedies of the City hierieundier, or under the Note, the Pledge
<br />Agreement or any document, instrument or agreement related hereto or, thereto,, 'Including,
<br />without limitation, costs and expenses of collection. in the Event of Default,, whether, or, not suit is
<br />filed with respect thereto.
<br />Section 7.8 Release. The Borrower hereby acknowledges and agrees that the City
<br />shall not be liable to the Borrower, and hereby releases and dischiarges, the City from any
<br />liability, for any and all losses, costs, expenses ('Including attorneys" fees),, damages,,, Judgments,
<br />claims and causes of action, paid, incurred or sustained by the Borrower as a result of or relating
<br />to any action, or -failure or refusal to act, on the part of the Lender with respect to this Agreement
<br />or the documents and transact-ions related hereto or contemplated hereby, including, without
<br />limitation, the exercise by the Lender of any of its rights or, remedies pursuant to Article 6,, the
<br />Note, the Pledge Agreement, the Mortgage, the Security Agreement or any collateral security
<br />documents. The Borrower's release of the City pursuant to the preceding sentence does not
<br />extend to the Lender following the assignment of the Cit, 11
<br />y's rights to the Lender pursuant to the
<br />Pledge Agreement.
<br />Section 7.9 Assig ment by City and Survivorship of Obligations,. The City may
<br />assign its rights under this Agreement and any related documents, to the Lender to, secure
<br />payment of the principal of and interest and premium, if any, on the Note,, conditioned upon the
<br />Lender's assumption of the City's and Lenders of to the Borrower hereunder, but any
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