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Attachment B entitled to payment by the Governmental Lender, and the Governmental Lender shall remain liable for such payment, but only out of the money or securities deposited with the Fiscal Agent as aforesaid for their payment, subject, however, to the provisions of Section 9.03 hereof. Section 9.03 Payment of Funding Loan After Discharge of Funding Loan Agreement. Notwithstanding any provisions of this Funding Loan Agreement, and subject to applicable unclaimed property laws of the State, any money deposited with the Fiscal Agent or any paying agent in trust for the payment of the principal of, interest, or Prepayment Premium, if any, on the Governmental Note remaining unclaimed for three (3) years after the final Maturity Date or earlier payment date: (a) shall be reported and disposed of, at the expense of the Borrower, by the Fiscal Agent in accordance with applicable unclaimed property laws; and (b) to the extent permitted by applicable law, shall be paid to the Borrower, whereupon all liability of the Governmental Lender and the Fiscal Agent with respect to such money shall cease, and the Funding Lender shall thereafter look solely to the Borrower for payment of any amounts then due. All money held by the Fiscal Agent and subject to this Section 9.03 shall be held uninvested and without liability for interest thereon. ARTICLE X INTENTIONALLY OMITTED \[CURIOUS TO KNOW WHAT THIS ARTICLE WAS.\] ARTICLE XI MISCELLANEOUS Section 11.01 Services for the Loans. The Funding Lender Representative may appoint a Servicer and a Financial Monitor (either of which may be the Funding Lender Representative if the Funding Lender Representative elects) to provide services in respect of the Loans as provided in Section 3.02 of the Project Loan Agreement in the case of the Servicer and as described in the Construction Continuing Covenant Agreement in the case of the Financial Monitor. Section 11.02 Limitation of Rights. With the exception of rights herein expressly conferred, nothing expressed or to be implied from this Funding Loan Agreement or the Governmental Note is intended or shall be construed to give to any Person other than the Parties hereto, the Funding Lender, the Funding Lender Representative, the Servicer, the Financial Servicer and the Borrower, any legal or equitable right, remedy or claim under or in respect to this Funding Loan Agreement or any covenants, conditions and provisions hereof. Section 11.03 Construction of Conflicts; Severability. Notwithstanding anything provided herein, or in any of the documents referred to herein, in the event that any contracts or other documents executed by the Borrower or any other arrangements agreed to by the Borrower in order to finance or refinance the Project with the proceeds of the Funding Loan evidenced by the Governmental Note, the interest on which is excluded from gross income for federal income tax purposes under Section 103(a) of the Code are inconsistent with the Project Loan Documents, then the Project Loan Documents shall be controlling in all respects. If any provision of this Funding Loan Agreement shall be held or deemed to be, or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all 58 12502516v3