10902-22 Taxable Economic Development Revenue Note, Series 2022 (South Bend Chocolate Destination Project)

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Agreement and any other documents requiring their signatures and imprinting of their facsimile signatures thereon, approve any and all such changes therein and also in the Loan Agreement and any other documents without further approval of this Common Council or the Commission if such changes do not affect terms set forth in Sections 27(a)(1)through and including(a)(10) of the Act. SECTION V. The provisions of this ordinance and the Loan Agreement shall constitute a contract binding between the City and the Borrower. SECTION VI. The Mayor, Controller or Clerk, or any other officer having responsibility with respect to the making of the Loan,evidenced by the Series 2022 Note,are authorized and directed, alone or in conjunction with any of the foregoing, or with any other officer, employee, consultant or agent of the City, to deliver a certificate for inclusion in the transcript of proceedings for the Series 2022 Note, setting forth the facts,estimates and circumstances and reasonable expectations pertaining to the use of the Loan as of the funding date thereof. SECTION VII. No recourse under or upon any obligation, covenant, acceptance or agreement contained in this ordinance,the Loan Agreement or under any judgment obtained against the City, including without limitation the Commission or Redevelopment Commission, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise,or under any circumstances,under or independent of the Loan Agreement, shall be had against any member, director, or officer or attorney, as such, past, present, or future, of the City, including without limitation the Commission or Redevelopment Commission, either directly or through the City, or otherwise, for the payment for or to the City of any sum that may remain due and unpaid by the City upon any of such Series 2022 Note. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member,director,or officer or attorney,as such,to respond by reason of any act or omission on his or her part or otherwise for, directly or indirectly, the payment for or to the City or any receiver thereof, or for or to any owner or holder of any sum that may remain due and unpaid upon the Series 2022 Note hereby secured shall be expressly waived and released as a condition of and consideration for the execution and delivery of the Loan Agreement and the issuance and funding of the Series 2022 Note. SECTION VIII. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. -4-