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Attachment C
<br />acceleration or otherwise), then upon notice from the Fiscal Agent or the Funding Lender, the
<br />Borrower shall pay such amounts as are required from time to time to prevent any deficiency or
<br />default in the payment of such principal (or Prepayment Premium) or interest, including, but not
<br />limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part of
<br />the Fiscal Agent, the Borrower, the Governmental Lender or any third party, subject to any right
<br />of reimbursement from the Fiscal Agent, the Governmental Lender or any such third party, as the
<br />case may be, therefor.
<br />Section 8.15 No Liability of Officers. No recourse under or upon any obligation,
<br />covenant, or agreement or in the Governmental Note, or under any judgment obtained against the
<br />Governmental Lender, or by the enforcement of any assessment or by any legal or equitable
<br />proceeding by virtue of any constitution or statute or otherwise or under any circumstances, shall
<br />be had against any incorporator, member, director, commissioner, employee, agent or officer, as
<br />such, past, present, or future, of the Governmental Lender, either directly or through the
<br />Governmental Lender, or otherwise, for the payment for or to the Governmental Lender or any
<br />receiver thereof, or for or to the Funding Lender, of any sum that may be due and unpaid by the
<br />Governmental Lender upon the Funding Loan. Any and all personal liability of every nature,
<br />whether at common law or in equity, or by statute or by constitution or otherwise, of any such
<br />incorporator, member, director, commissioner, employee, agent or officer, as such, to respond by
<br />reason of any act or omission on his or her part or otherwise, for the payment for or to the
<br />Governmental Lender or any receiver thereof, or for or to the Funding Lender, of any sum that
<br />may remain due and unpaid upon the Funding Loan, is hereby expressly waived and released as a
<br />condition of and consideration for the execution of this Project Loan Agreement and the issuance
<br />of the Governmental Note.
<br />Section 8.16 Capacity of the Fiscal Agent. The Fiscal Agent is entering into this Project
<br />Loan Agreement solely in its capacity as Fiscal Agent and shall be entitled to the rights,
<br />protections, limitations from liability and immunities afforded it as Fiscal Agent under the Funding
<br />Loan Agreement. The Fiscal Agent shall be responsible only for the duties of the Fiscal Agent
<br />expressly set forth herein and in the Funding Loan Agreement.
<br />Section 8.17 Reliance. The representations, covenants, agreements and warranties set
<br />forth in this Project Loan Agreement may be relied upon by the Governmental Lender, the Fiscal
<br />Agent, Bond Counsel, the Servicer, the Financial Monitor, the Funding Lender and the Funding
<br />Lender Representative. In performing their duties and obligations under this Project Loan
<br />Agreement and under the Funding Loan Agreement, the Governmental Lender and the Fiscal
<br />Agent may rely upon statements and certificates of the Borrower, upon certificates of tenants
<br />believed to be genuine and to have been executed by the proper person or persons, and upon audits
<br />of the books and records of the Borrower pertaining to occupancy of the Project. In addition, the
<br />Governmental Lender and the Fiscal Agent may consult with counsel, and the opinion of such
<br />counsel shall be full and complete authorization and protection in respect of any action taken or
<br />suffered by the Governmental Lender or the Fiscal Agent under this Project Loan Agreement and
<br />under the Funding Loan Agreement in good faith and in conformity with the opinion of such
<br />counsel. It is expressly understood and agreed by the parties to this Project Loan Agreement (other
<br />than the Governmental Lender) that:
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