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<br />oblig~tion~ an~ agreeme!lts shall,be binding upon the Issuer. Except as otherwise
<br />provI,de~ ~~ t~s resolutIon, all rIghts, powers and privileges conferred and duties
<br />and liabIlitIes Imposed upon the Issuer by the provisions of this resolution or the
<br />aforementioned documents shall be exercised or performed by such officers board
<br />body or agency thereof as may be required or authorized by law to exercise such
<br />powers and to perform such duties,
<br />
<br />No covenant, stipulation, obligation or agreement herein contained or
<br />contained in the aforementioned documents shall be deemed to be a covenant
<br />stipulation, obligation or agreement of any member of the City Council of the Issuer:
<br />or any ,officer, ag,ent or em:ployee of the Issuer in that person's individual capacity,
<br />and neIther the CIty CouncIl of the Issuer nor any officer or employee executing the
<br />Bonds shall be liable personally on the Bonds or be subject to any personal liability
<br />or accountability by reason of the issuance thereof.
<br />
<br />No provision, covenant or agreement contained in the aforementioned
<br />documents, the Bonds or in any other document related to the Bonds, and no
<br />obligation therein or herein imposed upon the Issuer or the breach thereof, shall
<br />constitute or give rise to any pecuniary liability of the Issuer or any charge upon
<br />its general credit or taxing powers, In making the agreements, provisions,
<br />covenants and representations set forth in such documents, the Issuer has not
<br />obligated itself to payor remit any funds or revenues, other than funds and
<br />revenues derived from the Loan Agreement which are to be applied to the payment
<br />of the Bonds, as provided therein and in the Indenture.
<br />
<br />10. The Issuer is not participating in the preparation of the Preliminary
<br />Official Statement relating to the Bonds (the "Preliminary Official Statement"), which
<br />Preliminary Official Statement is expected to be amended and completed to add
<br />certain pricing and other information (as amended and completed, the "Official
<br />Statement") and has made and will make no independent investigation with respect
<br />to the information to be contained therein, including the Appendices thereto, and
<br />the Issuer assumes no responsibility for the sufficiency, accuracy or completeness
<br />of such information, Subject to the foregoing, the Issuer hereby consents to the
<br />distribution and the use by the Underwriter in conne-ction with the sale of the Bonds
<br />of the Preliminary Official Statement and the Official Statement in the form on file
<br />with Issuer. The Preliminary Official Statement and the Official Statement are the
<br />sole materials consented to by the Issuer for use in connection with the offer and
<br />sale of the Bonds.
<br />
<br />11 , Except as herein otherwise expressly provided, nothing in this
<br />resolution or in the aforementioned documents expressed or implied, is intended or
<br />shall be construed to confer upon any person or firm or corporation, other than the
<br />Issuer or any owner of the Bonds issued under the provisions of this resolution, any
<br />right, remedy or claim, legal or equitable, under and by reason of this resolution or
<br />any provision hereof, this resolution, the aforementioned documents and all of their
<br />provisions being intended to be and being for the sole and exclusive benefit of the
<br />Issuer and any owners from time to time of the Bonds issued under the provisions
<br />of this resolution.
<br />
<br />12. In case anyone or more of the provisions of this resolution, or of the
<br />aforementioned documents, or of the Bonds issued hereunder shall for any reason
<br />be held to be illegal or invalid, such illegality or invalidity shall not affect any other
<br />provision of this resolution, or of the aforementioned documents, or of the Bonds,
<br />but this resolution, the aforementioned documents, and the Bonds shall be construed
<br />and endorsed as if such illegal or invalid provision had not been contained therein.
<br />
<br />SJB54612
<br />NE136-102
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