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<br />remedies to be exercised by the Trustee, whether under Article VII of this Agreement or under
<br />Article VII of the Indenture.
<br />ARTICLE VIII
<br />MISCELLANEOUS
<br />
<br />Section 8.1. Term of Agreement. This Agreement shall be and remain in full force
<br />and effect from the date of initial delivery of the Project Bonds until such time as all of the Bonds
<br />shall have been fully paid (or provision made for such payment) pursuant to the Indenture and
<br />all other sums payable by the Borrower under this Agreement and the Notes shall have been paid,
<br />except for obligations of the Borrower under Sections 4.2, 5.3 and 7.4 hereof, which shall
<br />survive any termination of this Agreement.
<br />Section 8.2. Notices. All notices, certificates, requests or other communications
<br />hereunder shall be in writing and shall be deemed to be sufficiently given when mailed by
<br />registered or certified mail, postage prepaid, and addressed to the appropriate Notice Address. A
<br />duplicate copy of each notice, certificate, request or other communication given hereunder to the
<br />Issuer, the Borrower, the Bank, if any, the Confirming Bank, if any, the Initial BSBY Rate
<br />Bond Purchaser or the Trustee shall also be given to the others. The Borrower, the Issuer, the
<br />Bank, if any, the Confirming Bank, if any, the Initial BSBY Rate Bond Purchaser and the
<br />Trustee, by notice given hereunder, may designate any further or different addresses to which
<br />subsequent notices, certificates, requests or other communications shall be sent.
<br />Section 8.3. Extent of Covenants of the Issuer; No Personal Liability. No covenant,
<br />stipulation, obligation or agreement of any incorporator, member, director, trustee, officer, agent,
<br />attorney or employee, past, present, or future, of the Issuer (or any predecessor or successor entity)
<br />under this Agreement shall be enforceable against such person in anything other than that person’s
<br />official capacity. Neither the incorporators, members, directors, trustees, officers, agents, attorneys
<br />nor employees of the Issuer executing this Agreement shall be liable personally on this Agreement
<br />or subject to any personal liability or accountability by reason of the execution hereof.
<br />No recourse shall be had for the payment of any obligations of the Issuer under this
<br />Agreement against any past, present or future director, trustee, member, officer, agent, attorney or
<br />employee of the Issuer, or any incorporator, director, trustee, member, officer, agent, attorney
<br />or employee of any successor entity, as such, either directly or through the Issuer or any
<br />predecessor or successor entity, under any rule of law or equity, statute or constitution or by the
<br />enforcement of any assessment or penalty or otherwise, and all such liability of any such
<br />incorporator, member, officer, employee, director, agent or trustee as such is hereby expressly
<br />waived and released as a condition of and consideration for the execution of this Agreement.
<br />It is expressly agreed that the Issuer shall have no liability, obligation or responsibility with
<br />respect to the loan made pursuant to the Original Agreement, the First Amended and Restated
<br />Agreement, the Second Amended and Restated Agreement, this Third Amended and Restated
<br />Agreement except to the extent of funds available from the proceeds from the sale of the Bonds.
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