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Attachment C
<br />ARTICLE VI
<br />INDEMNIFICATION
<br />Section 6.01 Indemnification.
<br />(a) Indemnified Losses. To the fullest extent permitted by law, the Borrower agrees
<br />to indemnify, hold harmless and defend the Governmental Lender, the Fiscal Agent, the Servicer,
<br />the Funding Lender, the Financial Monitor and each of its and their respective officers, governing
<br />commissioners, members, managers, directors, officials, employees, attorneys, partners,
<br />shareholders and agents past, present and future (collectively, the Ð Indemnified Parties Ñ and each
<br />an Ð Indemnified Party Ñ), against any and all losses, damages (including, but not limited to,
<br />consequential and punitive damages), claims, actions, liabilities, costs and expenses of any
<br />conceivable nature, kind or character (including, without limitation, reasonable attorneysÓ fees,
<br />litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) to
<br />which the Indemnified Parties, or any of them, may become subject under federal or state securities
<br />laws or any other statutory law or at common law or otherwise (collectively, Ð Losses Ñ), to the
<br />extent arising, directly or indirectly, out of or based upon or in any way relating to:
<br />(i) any breach by the Borrower of its obligations under the Financing
<br />Documents or the execution, amendment, restructuring or enforcement thereof, or in
<br />connection with transactions contemplated thereby, including the issuance, sale, transfer,
<br />or resale of the Governmental Note;
<br />(ii) any act or omission of the Borrower or any of its agents, contractors,
<br />servants, employees or licensees in connection with the Project Loan or the Project, the
<br />operation of the Project, or the condition, environmental or otherwise, occupancy, use,
<br />possession, conduct or management of work done in or about, or from the planning, design,
<br />acquisition, installation, construction or equipping of, the Project or any part thereof;
<br />(iii) any accident, injury to, or death of persons or loss of or damage to property
<br />occurring in, on or about the Project or any part thereof;
<br />(iv) any lien (other than liens permitted under the Continuing Covenant
<br />Agreement) or charge upon payments by the Borrower to the Governmental Lender, the
<br />Fiscal Agent or the Servicer hereunder, or any Taxes (including, without limitation, all ad
<br />valorem taxes and sales taxes), assessments, impositions and other charges imposed on the
<br />Governmental Lender or the Fiscal Agent in respect of any portion of the Project (other
<br />than income and similar taxes on fees received or earned in connection therewith);
<br />(v) any violation of any environmental law, rule or regulation, including but not
<br />limited to the release of any hazardous materials onto, from, under, over or across the
<br />Project or any part thereof;
<br />(vi) \[Reserved\]; \[Curious to know what this was.\]
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