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17 <br />no liability to Borrower, any Holder or any other person or entity for damages of any kind, <br />including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or <br />expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or <br />calculation of any such rate (or component thereof) provided by any such information source or <br />service. <br />Certain Provisions and Disclosures Relating to the Bonds during the BSBY Rate <br />Period.Bonds in the BSBY Rate Mode shall bear interest at the BSBY Rate. BSBY Rate <br />Calculation Agent shall promptly notify Borrower of the interest rate applicable to any Interest <br />Period for BSBY Bonds upon determination of such interest rate. During any period during which <br />the Bonds bear interest at the BSBY Rate, the following additional terms and provisions shall <br />apply with respect to the Bonds: <br />(a) Disclosure Regarding BSBY. The Borrower acknowledges and understands that: <br />(i) BSBY is administered, constructed, calculated and published by Bloomberg <br />and its administration, construction, calculation, publication, continuation, discontinuation, <br />movement, and regulation is not controlled by the BSBY Rate Calculation Agent and may <br />change without prior notice to the BSBY Rate Calculation Agent, <br />(ii) BSBY is a relatively new variable term rate designed to represent average <br />yields at which large, global banks access Dollar senior unsecured marginal wholesale <br />funding, <br />(iii) Bloomberg constructs BSBY by observing activity in various financial <br />instruments and markets in which the BSBY Rate Calculation Agent may engage or <br />participate, including bank deposits, certificates of deposit, commercial paper markets, and <br />corporate bonds, <br />(iv) BSBY is considered a so-called “credit sensitive rate” that could increase <br />during times of market stress as it is expected to vary depending on market conditions that <br />impact banks and other market participants, <br />(v) BSBY is constructed in a manner that could lead to changes in its <br />calculation during times of stress, and could lead to the Agreement and the Note <br />transitioning from BSBY to a Benchmark Replacement Rate, <br />(vi) banking regulators have emphasized their expectations that banks conduct <br />diligence regarding rates replacing LIBOR, including new rates like BSBY, and <br />(vii) Bloomberg may change the terms of its license that governs Initial the <br />BSBY Rate Calculation Agent’s or the Borrower’s use of BSBY. <br />Notwithstanding the above, Borrower agrees to the use of BSBY for all purposes provided <br />hereunder, under the Indenture, the Agreement and the Notes, accepting any inherent risks <br />associated with such utilization.