#2640/2641 Final Council Approval 10-19-2001

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representations of the City as to the truth of all statements contained therein. 10. Nature of City's Obligations. No covenant, stipulation, obligation, representation, or agreement herein contained or contained in the Bonds or the Bond Documents shall be deemed to be a covenant, stipulation, obligation, representation, or agreement of any Council member, officer, agent, or employee of the City in that person's individual capacity, and neither the Council nor any officer or employee executing the Bonds or such documents shall be liable personally on the Bonds or be subject to any representation, personal liability or accountability by reason of the issuance thereof. No provision, representation, covenant or agreement contained in the Bonds or in any other document related to the Bonds, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to a general or moral obligation of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants and representations set forth in the Bonds or in any other document related to the Bonds, the City has not obligated itself to pay or remit any funds or revenues, other than the Trust Estate described in the Indenture. 11. Payment of Costs. All costs incurred by the City in connection with the issuance, sale and delivery of the Bonds and the execution and delivery of the documents referred to above or any other agreement or instrument relative to the Bonds, whether or not actually issued or delivered, such as costs of publication of legal notices, have been agreed by the Owner to be paid by the Owner or reimbursed by the Owner to the City. 12. Authorized Officers. The Bonds, the Bond Documents and any other documents referred to herein are authorized to be executed on behalf of the City by its Mayor, the City Clerk, the Finance Director and the City Administrator; provided that in the event any of the officers of the City authorized to execute documents on behalf of the City under this Final Resolution shall have resigned or shall for any reason be unable to do so, the deputy or acting Mayor, City Clerk, Finance Director or City Administrator, is hereby directed and authorized to do so on behalf of the City, with the same effect as if executed by any officer specifically authorized to do so in the Indenture or this Final Resolution. 13. Appointment of Trustee. The Trustee is hereby appointed as Trustee, Paying Agent and Bond Registrar for the Bonds. 14. Qualified Tax-Exempt Obligations. The City hereby designates the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code. In that connection, the Issuer makes the following factual statements and representations: (a) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds other than qualified 501(c)(3)bonds)