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Attachment B <br />Notice pursuant to this Funding Loan Agreement agrees to assume all risks arising out of the use <br />of such electronic methods to submit instructions and directions to the Fiscal Agent, including <br />without limitation the risk of the Fiscal Agent acting on unauthorized instructions, and the risk of <br />interception and misuse by third parties. <br />In no event shall the Fiscal Agent be liable for incidental, indirect, special, consequential, <br />or punitive damages or penalties (including but not limited to lost profits), even if the Fiscal Agent <br />has been advised of the likelihood of such damages or penalties and regardless of the form of <br />action. <br />Any resolution, certification, notice, request, direction, election, order or demand delivered <br />to the Fiscal Agent pursuant to this Section 7.02 shall remain in effect until the Fiscal Agent <br />receives written notice to the contrary from the party that delivered such instrument accompanied <br />by revised information for such party. <br />The Fiscal Agent shall have no responsibility for the value of any collateral or with respect <br />to the perfection or priority of any security interest in any collateral except as otherwise provided <br />in Section 7.17 hereof. <br />Section 7.03 Use of Proceeds. The Fiscal Agent shall not be accountable for the use or <br />application of the Governmental Note authenticated or delivered hereunder or of the proceeds of <br />the Funding Loan except as provided herein. <br />Section 7.04 \[Reserved\]. \[Curious to know what this Section was.\] <br />Section 7.05 Trust Imposed. All money received by the Fiscal Agent shall, until used or <br />applied as herein provided, be held in trust for the purposes for which it was received. <br />Section 7.06 Compensation of Fiscal Agent. The Fiscal Agent shall be entitled to Fiscal <br />AgentÓs Ordinary Fees and Expenses in connection with the services rendered by it in the execution <br />of the trusts hereby created and in the exercise and performance of any of the powers and duties <br />of the Fiscal Agent hereunder or under any Financing Document to the extent money is available <br />therefor, in accordance with Section 4.06 hereof, exclusive of Extraordinary Services. The Fiscal <br />Agent shall be entitled to Fiscal AgentÓs Extraordinary Fees and Expenses in connection with any <br />Extraordinary Services performed consistent with the duties hereunder or under any of the <br />Financing Documents; provided the Fiscal Agent shall not incur any Fiscal AgentÓs Extraordinary <br />Fees and Expenses without the consent of the Funding Lender Representative. If any property, <br />other than cash, shall at any time be held by the Fiscal Agent subject to this Funding Loan <br />Agreement, or any supplement hereto, as security for the Funding Loan, the Fiscal Agent, if and <br />to the extent authorized by a receivership, bankruptcy, or other court of competent jurisdiction or <br />by the instrument subjecting such property to the provisions of this Funding Loan Agreement as <br />such security for the Funding Loan, shall be entitled to make advances for the purpose of <br />preserving such property or of discharging tax liens or other liens or encumbrances thereon. <br />Payment to the Fiscal Agent for its services and reimbursement to the Fiscal Agent for its expenses, <br />disbursements, liabilities and advances, shall be limited to the sources described in the Project <br />Loan Agreement and in Sections 4.06, 4.11 and 6.05 hereof. The Governmental Lender shall have <br />no liability for Fiscal AgentÓs fees, costs or expenses. Subject to the provisions of Section 7.09 <br /> 49 <br />12502516v3 <br /> <br />