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Indenture, the Bond Purchase Agreement, and the Bonds approved herein on behalf of the City
<br />and, by their execution of such documents, they may approve any changes therein without further
<br />approval of the Common Council or the Commission excepting, however, such changes as must be
<br />approved pursuant to Indiana Code § 36-7-12-25 and Indiana Code § 36-7-12-27.
<br />SECTION VII. The Mayor and the Clerk are authorized to execute any other
<br />documents and take such other action that may be necessary or desirable to consummate the
<br />issuance and sale of the Bonds and the Loan to the Company. The signatures of the Mayor and the
<br />Clerk on the Bonds may be manual or facsimile signatures. The Clerk is authorized to arrange for
<br />delivery of the Bonds to the purchaser thereof, payment of which will be made to the Trustee
<br />named in the Trust Indenture.
<br />SECTION VIII. If any section, paragraph or provision of this Ordinance shall be
<br />held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
<br />section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance.
<br />SECTION IX. 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provisions of this Ordinance are, to the extent of such conflict, hereby repealed, and this Ordinance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 X. No recourse under or upon any obligation, covenant, acceptance or
<br />agreement contained in this Ordinance or in the Bonds, the Loan Agreement, the Trust Indenture,
<br />the Bond Purchase Agreement, or under any judgment obtained against the City or by the
<br />enforcement of any assessment or by any legal or equitable proceeding by virtue of any
<br />constitution or statute or otherwise, or under any circumstances, under or independent of the Loan
<br />Agreement, the Trust Indenture, or the Bond Purchase Agreement 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 Agreement, the Trust Indenture, or the Bond Purchase Agreement, and the issuance of
<br />the Bonds.
<br />SECTION XI. The provisions of this Ordinance, the Loan Agreement, and the
<br />Trust Indentures shall constitute a contract binding between the City and the holders of the Bonds,
<br />and after the issuance of said Bonds, this Ordinance shall not be repealed or amended in any
<br />respect that would adversely affect the rights of such holders so long as the Bonds or the interest
<br />thereon remains unpaid.
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