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<br />Borrower may contest or dispute the amount of any such obligation (other than Loan Payments)
<br />so long as such contest or dispute does not result in an Event of Default under the Indenture.
<br />Section 4.5. Assignment of Agreement and Revenues. To secure the payment of
<br />Bond Service Charges, the Issuer shall assign to the Trustee, by the Indenture, all its right, title
<br />and interest in and to the Revenues, the Agreement (except for Unassigned Issuer’s Rights) and
<br />the Project Note. The Borrower hereby agrees and consents to that assignment.
<br />ARTICLE V
<br />ADDITIONAL AGREEMENTS AND COVENANTS
<br />Section 5.1. Right of Inspection. Subject to reasonable security and safety regulations
<br />and upon reasonable notice, the Issuer, the Bank, if any, the Confirming Bank, if any, the Initial
<br />BSBY Rate Bond Purchaser, and the Trustee, and their respective agents, shall have the right
<br />during normal business hours to inspect the Project.
<br />Section 5.2. Sale, Lease or Grant of Use by Borrower. With the written consent of the
<br />Bank, if any, and the Initial BSBY Rate Bond Purchaser, and subject to any other agreement to
<br />which the Borrower is a party or by which it is bound, the Borrower may sell, lease or grant the
<br />right to occupy and use the Project, in whole or in part, to others, provided that:
<br />(a) No such sale, lease or grant shall relieve the Borrower from the
<br />Borrower’s obligations under this Agreement or the Notes;
<br />(b) In connection with any such sale, lease or grant, the Borrower shall retain
<br />such rights and interests as will permit the Borrower to comply with the Borrower’s obligations
<br />under this Agreement and the Notes;
<br />(c) No such sale, lease or grant shall impair materially the purpose of the
<br />Act to be accomplished by operation of the Project as herein provided or adversely affect the
<br />exclusion from gross income for federal income tax purposes of the interest on the Project
<br />Bonds.
<br />Section 5.3. Indemnification. The Borrower releases the Issuer from, agrees that the
<br />Issuer shall not be liable for, and shall indemnify the Issuer against, all liabilities, claims, costs
<br />and expenses, including attorneys’ fees and expenses, imposed upon, incurred by or asserted
<br />against the Issuer on account of: (a) any loss or damage to property or injury to or death of or loss
<br />by any person that may be occasioned by any cause whatsoever pertaining to the acquisition,
<br />construction, installation, equipping, maintenance, operation or use of the Project; (b) any breach
<br />or default on the part of the Borrower in the performance of any covenant or agreement of the
<br />Borrower under the Original Agreement, the First Amended and Restated Agreement, the
<br />Second Amended and Restated Agreement, this Third Amended and Restated Agreement, the
<br />Reimbursement Agreement, the Bond Purchase and Covenant Agreement, the Amended and
<br />Restated Bond Purchase and Covenant Agreement the Project Note or any related document, or
<br />arising from any act or failure to act by the Borrower or any of the Borrower’s agents,
<br />contractors, servants, employees or licensees; (c) the authorization, issuance, sale, trading,
<br />remarketing, redemption or servicing of the Project Bonds, and the provision of any information
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