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vice Revenue Procedures 79-5 and 81-22 and any regulations amendments or modifications thereto; provided that if the Lender receives an opinion of Bond Counsel that the exemp- tion from federal income taxation of the interest on the Note will not be jeopardized, the surplus funds may be in- vested at a yield greater than the yield on the Note. 5.06 Issuance of New Note. The City shall, at the request and expense of the Lender, issue new Notes, in an aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly payment payable thereunder, and be registered by the Note Registrar in the name of the Lender or such transferee as may be des- ignated by the Lender. Section 6. Limitations of the City's Obligations. 6.01 Notwithstanding anything contained herein or in the Note, the Agreement, the Pledge Agreement, or the Investment Agreement, and the Security Documents or any other documents referred to in Section 3.03 hereof, the Note, the pr incipal thereof, premium thereon, if any, and interest thereon and the Agreement, the Pledge Agreement, the Investment Agreement, and the Security Documents shall not constitute any indebtedness of the City within the mean- ing of any constitutional or statutory limitation and shall not constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than its interest in the Project, and no Owner of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon or to enforce payment thereof against any property of the City other than its interest in the project. The agreement of the city to perform the covenants and other provisions con- tained in this Resolution or the Note, the Agreement, the Pledge Agreement, the Investment Agreement, and the Security Documents and the other documents listed in Section 3.03 hereof shall be subject at all times to the availability of revenues furnished by the Borrower sufficient to pay all costs of such performance or the enforcement thereof, and nei ther the Ci ty nor any of its officers, employees, or agents shall be subject to any personal or pecuniary lia- bility thereon. Section 7. City Representative. 7.01. The City Clerk-Treasurer and the City Manager of the City are hereby designated and authorized to act on behalf of the City as the City Representative and alternate