|
ARTICLE XIII
<br /> Miscellaneous
<br /> Section 13.01 Limitation of City Liability. No covenant,provision or agreement contained in this
<br /> Indenture or in the Mortgage,the Mortgage Assignment,the Loan Agreement or the Bonds,or in any other
<br /> agreement,certificate or document executed or delivered in connection with the issuance of the Bonds,and
<br /> no obligation herein or therein imposed upon the City(or any other party)or respecting any breach thereof
<br /> shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers,and
<br /> the Bonds shall be and constitute only a special and limited revenue obligation of the City, payable solely
<br /> from the revenues pledged to the payment thereof pursuant to this Indenture,and the Bonds do not now and
<br /> shall never constitute an indebtedness, a general or moral obligation or a loan of the credit of the City or a
<br /> lien,charge or encumbrance, legal or equitable,against the City's general credit or taxing powers or any of
<br /> the City's property.
<br /> Section 13.02 Immunity of Officers. No recourse for the payment of any part of the principal of or
<br /> interest on any Bond or for the satisfaction of any liability arising from,founded upon or existing by reason
<br /> of the issue, purchase or ownership of the Bonds shall be had against any officer, member or agent of the
<br /> City Council,the City or the State,as such,all such liability being hereby expressly released and waived as
<br /> a condition of and as a part of the consideration for the execution of this Indenture and the issuance of the
<br /> Bonds.
<br /> Section 13.03 No Benefits to Outside Parties. Nothing in this Indenture, express or implied, is
<br /> intended or shall be construed to confer upon or to give to any person or corporation, other than the
<br /> Borrower,the parties hereto and the Holders of the Bonds issued hereunder,any right,remedy or claim under
<br /> or by reason of this Indenture or covenant, condition or stipulation thereof; and the covenants, stipulations
<br /> and agreements in this Indenture contained are and shall be for sole and exclusive benefit of the Borrower,
<br /> the parties hereto,their successors and assigns, and the Holders of the Bonds.
<br /> Section 13.04 Separability of Indenture Provisions. In case any one or more of the provisions
<br /> contained in this Indenture or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable
<br /> in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this
<br /> Indenture,but this Indenture shall be construed as if such invalid or illegal or unenforceable provision had
<br /> never been contained herein.
<br /> Section 13.05 Execution of Indenture in Counterparts. This Indenture may be simultaneously
<br /> executed in several counterparts, each of which, when so executed, shall be deemed to be an original, and
<br /> such counterparts shall together constitute one and the same instrument.
<br /> Section 13.06 Headings Not Controlling. The headings of the several Articles and Sections are
<br /> inserted for the convenience of reference only and shall not control or affect the meaning or construction of
<br /> any of the provisions.
<br /> Section 13.07 Notices, etc. to Trustee, City, Borrower,Etc. Any request, demand, authorization,
<br /> direction, notice,consent of Bondholders or other document provided or permitted by this Indenture shall
<br /> be sufficient for any purpose under this Indenture, the Loan Agreement,the Mortgage or the Subordinate
<br /> Mortgage,when hand delivered or mailed by either first class or registered mail, return receipt requested,
<br /> - 71 -
<br />
|