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Section 4.2. Payment of Principal. Premium and Interest. (a) Subject at all times to
<br />Section 4.3 hereof, the Borrower will duly and punctually pay the principal of, premium, if any,
<br />and interest on the Note at the rates, at the times and the places and in the manner mentioned in
<br />the Note and this Agreement according to the true intent and meaning thereof and hereof, until the
<br />principal of, premium, if any, and interest on the Note shall have been fully paid.
<br />(b) Subject at all times to Section 4.3 hereof, the Borrower also agrees to pay (i) all
<br />expenses incurred in connection with the enforcement of any rights under this Agreement; and
<br />(ii) all other payments of whatever nature which the Borrower has agreed to pay or assume under
<br />the provisions of this Agreement; provided, however, that the Borrower may, without creating a
<br />default under this Agreement, contest in good faith the necessity for any such extraordinary
<br />services and extraordinary expenses and the reasonableness of any such fees, charges or expenses.
<br />(c) Subject at all times to Section 4.3 hereof, the Borrower covenants and agrees with
<br />and for the express benefit of the City that all payments pursuant hereto and to the Note shall be
<br />made by the Borrower on or before the date the same become due, and the Borrower shall perform
<br />all of its other obligations, covenants and agreements hereunder, without notice or demand (except
<br />as provided herein), and without abatement, deduction, reduction, diminution, waiver, abrogation,
<br />set-off, counterclaim, recoupment, defense or other modification or any right of termination or
<br />cancellation arising from any circumstance whatsoever, whether now existing or hereafter arising,
<br />and regardless of any act of God, contingency, event or cause whatsoever, and irrespective
<br />(without limitation) of whether the Project or the Borrower's title to the Project or any part thereof
<br />is defective or nonexistent, or whether the Borrower's revenues are sufficient to make such
<br />payments, and notwithstanding any damage to, or loss, theft or destruction of, the Project or any
<br />part thereof, expiration of this Agreement, any failure of consideration or frustration of purpose,
<br />the taking by eminent domain or otherwise of title to or of the right of temporary use of, all or any
<br />part of the Project, legal curtailment of the Borrower's use thereof, or whether with or without the
<br />approval of the Issuer, any change in the tax or other laws of the United States of America, the
<br />State of Indiana, or any political subdivision of either thereof, any change in the Issuer's legal
<br />organization or status, or any default of the City hereunder, and regardless of the invalidity of any
<br />portion of this Agreement; and the Borrower hereby waives the provisions of any statute or other
<br />law now or hereafter in effect impairing or conflicting with any of its obligations, covenants or
<br />agreements under this Agreement or which releases or purports to release the Borrower therefrom.
<br />Nothing in this Agreement shall be construed as a waiver by the Borrower of any rights or claims
<br />the Borrower may have against the City under this Agreement or otherwise, but any recovery upon
<br />such rights and claims shall be had from the City separately, it being the intent of this Agreement
<br />that the Borrower shall be unconditionally and absolutely obligated without right of set-off or
<br />abatement, to perform fully all of its obligations, agreements and covenants under this Agreement
<br />for the benefit of the City.
<br />(d) Subject at all times to Section 4.3 hereof, the obligations of the Borrower to make
<br />the required payments and to perform and observe the other agreements on its part shall be absolute
<br />and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim
<br />it might otherwise have against the City, and the Borrower shall pay absolutely during the term of
<br />this Agreement the payments to be made on account of the Loan and all other payments required
<br />thereunder free of any deductions and without abatement, diminution or set-off; and the Borrower:
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