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SECTION XII. All resolutions and orders, or parts thereof, in conflict with the <br />provisions of this Ordinance are, to the extent of such conflict, hereby repealed, and this Ordinance <br />shall be in immediate effect from and after its adoption. <br />SECTION XIII. If the date for making any payment or the last date for <br />performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal <br />holiday or a day on which banking institutions in the city in which the Paying Agent is located are <br />typically closed, such payment may be made or act performed or right exercised on the next <br />succeeding day not a legal holiday or a day on which such banking institutions are typically closed, <br />with the same force and effect as if done on the nominal date provided in this Ordinance, and no <br />interest shall accrue for the period after such nominal date. <br />SECTION XIV. No recourse under or upon any obligation, covenant, acceptance <br />or agreement contained in this Ordinance, the Bonds or the Financing Documents, or under any <br />judgment obtained against the City or by the enforcement of any assessment or by any legal or <br />equitable proceeding by virtue of any constitution or statute or otherwise, or under any <br />circumstances, under or independent of the Financing Documents, shall be had against any <br />member of the Common Council, or officer or attorney, as such, past, present or future, of the City <br />either directly or through the City, or otherwise, for the payment for or to the City or any receiver <br />thereof, or to any holder of the Bonds secured thereby, or otherwise, of any sum that may be due <br />and unpaid by the City upon any of such Bonds. Any and all personal liability of every nature, <br />whether at law or in equity, or by statute or by constitution, or otherwise, of any such member of <br />the Common Council, or officer or attorney, as such, to respond by reason of any act or omission <br />on his or her part, or otherwise, for, directly or indirectly, the payment for or to the Common <br />Council or any receiver thereof, or for or to any owner or holder of the Bonds, or otherwise, of any <br />sum that may remain due and unpaid upon the Bonds hereby secured or any of them, shall be <br />expressly waived and released as a condition of an consideration for the execution of an delivery of <br />the Loan Agreements, and the issuance of the Bonds. <br />SECTION XV. The provisions of this Ordinance shall constitute a contract <br />binding between the City and the holders of the Bonds, and after the issuance of said Bonds, this <br />Ordinance shall not be repealed or amended in any respect that would adversely affect the rights of <br />such holders so long as the Bonds or the interest thereon remains unpaid. <br />SECTION XVI. Passage of this Ordinance by this Common Council and the <br />affixing by the Mayor of his signature hereto shall constitute and evidence the approval of the <br />elected legislative body of the issuer of the Bonds authorized herein and the approval of the chief <br />elected executive officer of the issuer of the Bonds authorized herein, respectively, as required by <br />Section 103 of the Internal Revenue Code of 1986, as amended. <br />BDDB01 4206748v1 - 5 - <br />