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Section 11.6. Limitation of Rights. With the exception of rights herein expressly
<br /> conferred, nothing expressed or mentioned in or to be implied from this Indenture, or the Bonds
<br /> is intended or shall be construed to give to any person other than the parties hereto, and the
<br /> Developer, and the holders of the Bonds, any legal or equitable right, remedy or claim under or
<br /> in respect to this Indenture or any covenants, conditions and provisions herein contained, this
<br /> Indenture and all of the covenants, conditions and provisions hereof being intended to be and
<br /> being for the sole and exclusive benefit of the parties hereto and the Developer and the holders of
<br /> the Bonds as herein provided.
<br /> Section 11.7. Severability. If any provision of this Indenture shall be held or deemed to
<br /> be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any
<br /> jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any
<br /> other provision or provisions hereof or any constitution or statute or rule of public policy, or for
<br /> any other reason, such circumstances shall not have the effect of rendering the provision in
<br /> question inoperative or unenforceable in any other case or circumstance, or of rendering any
<br /> other provision or provisions herein contained invalid, inoperative, or unenforceable to any
<br /> extent whatever.
<br /> The invalidity of any one or more phrases, sentences, clauses or Sections in this Indenture
<br /> contained, shall not affect the remaining portions of this Indenture, or any part thereof.
<br /> Section 11.8. Notices. All notices, demands, certificates or other communications
<br /> hereunder shall be sufficiently given and shall be deemed given when mailed by registered or
<br /> certified mail, postage prepaid, with proper address as indicated below. The Issuer, the
<br /> Developer, and the Trustee may, by written notice given by each to the others, designate any
<br /> address or addresses to which notices, demands, certificates or other communications to them
<br /> shall be sent when required as contemplated by this Indenture. Until otherwise provided by the
<br /> respective parties, all notices, demands, certificates and communications to each of them shall be
<br /> addressed as provided in Section 9.4 of the Financing Agreement.
<br /> Section 11.9. Counterparts. This Indenture may be simultaneously executed in several
<br /> counterparts, each of which shall be an original and all of which shall constitute but one and the
<br /> same instrument.
<br /> Section 11.10. Applicable Law. This Indenture shall be governed exclusively by the
<br /> applicable laws of the State of Indiana without regard to conflict of law principles.
<br /> Section 11.11. Immunity of Officers and Directors. No recourse shall be had for the
<br /> payment of the principal of or premium on any of the Bonds or for any claim based thereon or
<br /> upon any obligation, covenant or agreement in this Indenture contained against any past, present
<br /> or future members, officer, directors, agents, attorneys or employees of the Issuer, or any
<br /> incorporator, member, officer, director, agents, attorneys, employees or trustee of any successor
<br /> corporation, as such, either directly or through the Issuer or any successor corporation, under any
<br /> rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty
<br /> or otherwise, and all such liability of any such incorporator, members, officers, directors, agents,
<br /> attorneys, employees or trustees as such is hereby expressly waived and released as a condition
<br /> of and consideration for the execution of this Indenture and issuance of such Bonds.
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