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Attachment B <br />(e) any notice, request, direction, election, order or demand of the Funding Lender <br />Representative mentioned herein shall be sufficiently evidenced by an instrument purporting to be <br />signed in the name of the Funding Lender Representative by any Authorized Officer of the Funding <br />Lender Representative (unless other evidence in respect thereof be herein specifically prescribed); <br />(f) \[Intentionally Omitted\]; \[Curious to know what this Section was.\] <br />(g) \[Intentionally Omitted\]; \[Curious to know what this Section was.\] <br />(h) in the administration of the trusts of this Funding Loan Agreement, the Fiscal Agent <br />may execute any of the trusts or powers hereby granted directly or through its agents, receivers or <br />attorneys and the Fiscal Agent may consult with counsel (who may be counsel for the <br />Governmental Lender, the Servicer, during the Construction Phase, the Financial Monitor, or the <br />Funding Lender Representative) and the opinion or advice of such counsel shall be full and <br />complete authorization and protection in respect of any action taken or permitted by it hereunder <br />in good faith and in accordance with the opinion of such counsel; <br />(i) whenever in the administration of the trusts of this Funding Loan Agreement, the <br />Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to <br />taking or permitting any action hereunder, such matters (unless other evidence in respect thereof <br />be herein specifically prescribed), may in the absence of negligence or willful misconduct on the <br />part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of <br />an officer or authorized agent of the Governmental Lender or the Borrower and such certificate <br />shall in the absence of bad faith on the part of the Fiscal Agent be full warrant to the Fiscal Agent <br />for any action taken or permitted by it under the provisions of this Funding Loan Agreement, but <br />in its discretion the Fiscal Agent may in lieu thereof accept other evidence of such matter or may <br />require such further or additional evidence as it may deem reasonable; <br />(j) the recitals herein and in the Governmental Note (except the Fiscal AgentÓs <br />certificate of authentication thereon) shall not be considered as made by or imposing any obligation <br />or liability upon the Fiscal Agent. The Fiscal Agent makes no representations as to the value or <br />condition of the Pledged Security or any part thereof, or as to the title of the Governmental Lender <br />or the Borrower to the Pledged Security, or as to the security of this Funding Loan Agreement, or <br />of the Governmental Note issued hereunder, and the Fiscal Agent shall incur no liability or <br />responsibility in respect of any of such matters; <br />(k) the Fiscal Agent shall not be personally liable for debts contracted or liability for <br />damages incurred in the management or operation of the Pledged Security except for its own <br />willful misconduct or negligence; and every provision of this Funding Loan Agreement relating to <br />the conduct or affecting the liability of or affording protection to the Fiscal Agent shall be subject <br />to the provisions of this Section 7.02(k); <br />(l) the Fiscal Agent shall not be required to ascertain or inquire as to the performance <br />or observance of any of the covenants or agreements (except to the extent they obligate the Fiscal <br />Agent) herein or in any contracts or securities assigned or conveyed to or pledged with the Fiscal <br />Agent hereunder, except Events of Default that are evident under Section 6.01(a) hereof. The <br />Fiscal Agent shall not be required to take notice or be deemed to have notice or actual knowledge <br /> 47 <br />12502516v3 <br /> <br />