2020_0518_CCPacket - Laserfiche WebLink

Home

Attachment C the effective date of such acquisition and shall be made with the benefit of the limitations of liability set forth therein and without any liability for the prior acts of the Borrower. ARTICLE VIII MISCELLANEOUS Section 8.01 Notices. (a) Whenever in this Project Loan Agreement the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Any notice, request, complaint, demand, communication or other paper required or permitted to be delivered to the Governmental Lender, the Fiscal Agent, the Funding Lender Representative, the Borrower, the investor limited partner of the Borrower, the Financial Monitor or the Servicer shall be sufficiently given and shall be deemed given (unless another form of notice shall be specifically set forth herein) on the Business Day following the date on which such notice or other communication shall have been delivered to a national overnight delivery service (receipt of which to be evidenced by a signed receipt from such overnight delivery service) addressed to the appropriate party at the addresses set forth in Section 11.04 of the Funding Loan Agreement or as required or permitted by this Project Loan Agreement by Electronic Notice. The Governmental Lender, the Fiscal Agent, the Funding Lender Representative, the Borrower, the Financial Monitor or the Servicer may, by notice given as provided in this paragraph, designate any further or different address to which subsequent notices or other communication shall be sent. A duplicate copy of each notice or other communication given hereunder by any party to the Servicer shall also be given to the Funding Lender Representative and a duplicate copy of each notice or other communication given hereunder by any party to the Funding Lender Representative shall be given to the Servicer and during the Constrcution Phase, to the Financial Monitor. The Fiscal Agent agrees to accept and act upon Electronic Notice of written instructions and/or directions pursuant to this Project Loan Agreement. If the party sending the Electronic Notice elects to give the Fiscal Agent e-mail or facsimile instructions (or instructions by a similar electronic method), the Fiscal AgentÓs understanding of such instructions shall be deemed controlling. The Fiscal Agent shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Fiscal AgentÓs reliance upon and compliance with such instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written instruction. The Borrower, the Governmental Lender, or any other party sending such Electronic Notice pursuant to the Project Loan Agreement agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Fiscal Agent, including, without limitation, the risk of the Fiscal Agent acting on unauthorized instructions, and risk of interception and misuse of third parties. 33 12502464v3