Common use of Limitation of Issuer’s Liability Clause in Contracts

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no covenant, provision or agreement contained in this Loan Agreement or the Note, or any obligation herein or therein imposed upon the Issuer or the breach thereof, shall give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; the Note constitutes a special obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to this Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State or any political subdivision thereof or a charge against the general credit or taxing powers thereof within the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal status, or any representations, of the Borrower or the Lender. It is further understood and agreed by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan Agreement, including without limitation, expenses of an audit by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the Note.

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no covenant, provision or agreement Anything contained in this Loan Agreement or to the Notecontrary notwithstanding, or any obligation herein or therein imposed upon the Issuer or may incur in connection with the breach thereof, shall give rise to a pecuniary liability undertaking of the Issuer or a charge against its general credit or taxing powers; the Note constitutes a special obligation of the Issuer, payable solely from the revenues pledged to Project for the payment thereof pursuant of money shall not be deemed to this Loan Agreement, and does not now and shall never constitute an indebtedness a debt or a loan of the credit general obligation of the Issuer, the State or any political subdivision thereof, but shall be payable solely from the revenues and receipts derived by it from this Loan Agreement and the Note, including payments received under the Note, and from payments made pursuant to the Letter of Credit. No provision in this Loan Agreement or any obligation herein imposed upon the Issuer, or the breach thereof, shall constitute or give rise to or impose upon the Issuer, the State or any political subdivision thereof a pecuniary liability or a charge against the upon its general credit or taxing powers thereof within the meaning powers. No officer or member of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal status, or any representations, of the Borrower or the Lender. It is further understood and agreed by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be personally liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to on this Loan Agreement. THE BONDS AND THE INTEREST THEREON AND REDEMPTION PREMIUM, including without limitationIF ANY, expenses of an audit by the Internal Revenue ServiceSHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION THEREOF, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation theretoINCLUDING, and this covenant to indemnifyWITHOUT LIMITATION, hold harmless and reimburse the Issuer shall survive delivery of and payment for the NoteTHE ISSUER AND GUILFORD COUNTY, NORTH CAROLINA. NEITHER THE STATE OF NORTH CAROLINA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING, WITHOUT LIMITATION, THE ISSUER AND GUILFORD COUNTY, NORTH CAROLINA, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES ASSIGNED AND PLEDGED THEREFOR, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING, WITHOUT LIMITATION, THE ISSUER AND GUILFORD COUNTY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE ISSUER HAS NO TAXING POWER.

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no covenant, provision or agreement contained in this Loan Agreement or the Note, or any obligation herein or therein imposed upon the Issuer or the breach thereof, shall give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powerscredit; the Note constitutes a special limited obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to this Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State or any political subdivision thereof or a charge against the general credit or taxing powers thereof within the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal status, or any representations, of the Borrower or the Lender. It is further understood and agreed by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan Agreement, including without limitation, expenses of an audit by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the Note. The Issuer has no taxing power.

Limitation of Issuer’s Liability. It Nothing herein, in the Indenture, in the Series 2020 Bonds or the Security Documents shall constitute an indebtedness of the Issuer or a multiple-fiscal year obligation of the Issuer within the meaning of any provisions of the State Constitution or the laws of the State. The Series 2020 Bonds are special, limited obligations of the Issuer, payable solely from and secured solely by the Trust Estate and are not, and shall not be deemed to constitute an obligation, moral or otherwise, of the State, any other agency, instrumentality or political subdivision of the State, or any official, board member, director, officer, employee, agent or representative of any of the foregoing, and neither the full faith and credit nor the taxing power of the Issuer, the State or any other agency, instrumentality or political subdivision of the State is understood pledged to the payment of the principal of and agreed interest on the Bonds. The Owners of the Series 2020 Bonds may not look to any revenues of the Issuer for repayment of the Series 2020 Bonds and the only sources of repayment of the Series 2020 Bonds are revenues provided by the Borrower to the Issuer pursuant to this Issuer Loan Agreement for the payment of the principal of, premium, if any, and interest on the Series 2020 Bonds, and the Lender that no Series 2020 Bonds do not constitute an indebtedness of the Issuer or a multiple-fiscal year obligation of the Issuer within the meaning of any provisions of the State Constitution or the laws of the State. The payment of the Series 2020 Bonds shall not be secured by any encumbrance, mortgage, or other pledge of property of the Issuer, other than the Trust Estate. No property of the Issuer, subject to such exception, shall be liable to be forfeited or taken in payment of the Series 2020 Bonds. Neither the members of the Board nor any persons executing the Series 2020 Bonds shall be liable personally on the Series 2020 Bonds by reason of the issuance thereof. No provision, covenant, provision or agreement contained in this Issuer Loan Agreement or the NoteAgreement, or any obligation obligations herein or therein imposed upon the Issuer Issuer, or the breach thereof, shall constitute an indebtedness or liability of the Issuer within the meaning of any State constitutional provision or statutory limitation or shall constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit any member, officer or taxing powers; the Note constitutes a special obligation agent of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to this Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State or any political subdivision thereof Issuer or a charge against the Issuer’s general credit or taxing powers thereof within credit. In making the meaning of any constitutional or statutory provision whatsoever. It is further understood agreements, provisions and agreed by the Borrower and the Lender that covenants set forth in this Issuer Loan Agreement, the Issuer has no obligation not obligated itself except with respect to use due diligence regarding the financial or legal status, or any representations, application of the Borrower or the Lender. It is further understood and agreed by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related heretorevenues, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan Agreement, including without limitation, expenses of an audit by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the Noteas hereinabove provided.

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no THE SERIES 2017 BONDS ARE SPECIAL AND LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED EXCLUSIVELY BY THE TRUST ESTATE ESTABLISHED UNDER THE INDENTURE, INCLUDING THE PAYMENTS TO BE MADE BY THE BORROWER UNDER THIS SENIOR LOAN AGREEMENT AND BY THE COLLATERAL. THE SERIES 2017 BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF THE ISSUER, THE STATE, THE SERIES 2017 COUNTIES OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION AND SHALL NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER, THE STATE, THE SERIES 2017 COUNTIES OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, AND NEITHER THE FULL FAITH AND CREDIT OF THE ISSUER NOR THE FULL FAITH AND CREDIT OR THE TAXING POWER OF THE STATE, THE SERIES 2017 COUNTIES OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2017 BONDS. THE ISSUER HAS NO TAXING POWER. No provision, covenant, provision or agreement contained in this Senior Loan Agreement or the NoteAgreement, or any obligation obligations herein or therein imposed upon the Issuer Issuer, or the breach thereof, shall constitute an indebtedness or liability of the Issuer within the meaning of any State constitutional provision or statutory limitation or shall constitute or give rise to a pecuniary liability of the Issuer or any member, officer or agent of the Issuer or a charge against its general credit or taxing powers; the Note constitutes a special obligation of the Issuer’s general credit. In making the agreements, payable solely from the revenues pledged to the payment thereof pursuant to provisions and covenants set forth in this Senior Loan Agreement, and does the Issuer has not now and shall never constitute an indebtedness or a loan obligated itself except with respect to the application of the credit payments, as hereinabove provided. No recourse shall be had for the payment of, or premium if any, or interest on any of the Series 2017 Bonds or for any claim based thereon or upon any obligation, covenant or agreement in this Agreement contained, against any past, present or future officer, director, member, trustee, employee or agent of the Issuer or any officer, director, member, trustee, employee or agent of any successor entity, as such, either directly or through the Issuer or any successor entity, under any rule of law or equity, statute or constitution or by enforcement by any assessment or penalty or otherwise. The members of the Issuer, the State or any political subdivision thereof or a charge against officers and employees of the general credit or taxing powers thereof within the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal statusIssuer, or any representations, other agents of the Borrower Issuer are not subject to personal liability or the Lender. It is further understood and agreed accountability by reason of any action authorized by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan AgreementAct, including without limitation, expenses the issuance of an audit the Series 2017 Bonds, the failure to issue the Series 2017 Bonds, the execution of the Series 2017 Bonds. The Parties acknowledge that the Issuer will have no control over the application or use of the proceeds of the Series 2017 Loan or the Series 2017 Project. The Issuer does not by this Agreement or otherwise assume any obligation or affirmative duty to review, monitor, investigate, inspect or after the issuance of the Series 2017 Bonds, undertake any responsibility with respect to the Series 2017 Project, any change in the Borrower entity, or the application of Series 2017 Loan proceeds by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the NoteBorrower.

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no THE TAXABLE SERIES 2024B BONDS ARE SPECIAL AND LIMITED OBLIGATIONS OF THE PORT ISSUER, PAYABLE SOLELY FROM AND SECURED EXCLUSIVELY BY THE TRUST ESTATE ESTABLISHED UNDER THE PORT INDENTURE, INCLUDING THE PAYMENTS TO BE MADE BY THE BORROWER UNDER THIS SENIOR LOAN AGREEMENT AND BY THE COLLATERAL. THE TAXABLE SERIES 2024B BONDS DO NOT CONSTITUTE INDEBTEDNESS OF THE PORT ISSUER, THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION AND SHALL NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF THE PORT ISSUER, THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, AND NEITHER THE FULL FAITH AND CREDIT OF THE PORT ISSUER NOR THE FULL FAITH AND CREDIT OR THE TAXING POWER OF THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE TAXABLE SERIES 2024B BONDS. THE PORT ISSUER HAS NO TAXING POWER. No provision, covenant, provision or agreement contained in this Senior Loan Agreement or the NoteAgreement, or any obligation obligations herein or therein imposed upon the Issuer Port Issuer, or the breach thereof, shall constitute indebtedness or a liability of the Port Issuer within the meaning of any State constitutional provision or statutory limitation or shall constitute or give rise to a pecuniary liability of the Port Issuer or any member, officer or agent of the Port Issuer or a charge against its the Port Issuer’s general credit or taxing powers; credit. In making the Note constitutes a special obligation of the Issueragreements, payable solely from the revenues pledged to the payment thereof pursuant to provisions and covenants set forth in this Senior Loan Agreement, and does the Port Issuer has not now and shall never constitute an indebtedness or a loan obligated itself except with respect to the application of the credit payments, as hereinabove provided. No recourse shall be had for the payment of principal of, or premium, if any, or interest on any of the Taxable Series 2024B Bonds, or for any claim based thereon or upon any obligation, covenant or agreement in this Agreement contained, against any past, present or future officer, director, member, trustee, employee or agent of the Port Issuer or any officer, director, member, trustee, employee or agent of any successor entity, as such, either directly or through the Port Issuer or any successor entity, under any rule of law or equity, statute or constitution or by enforcement by any assessment or penalty or otherwise. The members of the Port Issuer, the State or any political subdivision thereof or a charge against officers and employees of the general credit or taxing powers thereof within the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal statusPort Issuer, or any representations, other agents of the Borrower Port Issuer are not subject to personal liability or the Lender. It is further understood and agreed accountability by reason of any action authorized by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan AgreementPort Act, including without limitation, expenses the issuance of an audit the Taxable Series 2024B Bonds, the failure to issue the Taxable Series 2024B Bonds, or the execution and delivery of the Taxable Series 2024B Bonds. The Parties acknowledge that the Port Issuer will have no control over the application or use of the Taxable Series 2024B Loan or the Taxable Series 2024B Project. The Port Issuer does not by this Agreement or otherwise assume any obligation or affirmative duty to review, monitor, investigate, inspect or after the issuance of the Taxable Series 2024B Bonds, undertake any responsibility with respect to the Project, any change in the Borrower entity, or the application of Taxable Series 2024B Loan proceeds by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the NoteBorrower.

Limitation of Issuer’s Liability. It is understood and agreed by the Borrower and the Lender that no THE SERIES 2020 BONDS ARE SPECIAL AND LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AND SECURED EXCLUSIVELY BY THE TRUST ESTATE ESTABLISHED UNDER THE INDENTURE, INCLUDING THE PAYMENTS TO BE MADE BY THE BORROWER UNDER THIS SENIOR LOAN AGREEMENT AND BY THE COLLATERAL. THE SERIES 2020 BONDS DO NOT CONSTITUTE INDEBTEDNESS OF THE ISSUER, THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION AND SHALL NOT CONSTITUTE OR GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER, THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE, AND NEITHER THE FULL FAITH AND CREDIT OF THE ISSUER NOR THE FULL FAITH AND CREDIT OR THE TAXING POWER OF THE STATE OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2020 BONDS. THE ISSUER HAS NO TAXING POWER. No provision, covenant, provision or agreement contained in this Senior Loan Agreement or the NoteAgreement, or any obligation obligations herein or therein imposed upon the Issuer Issuer, or the breach thereof, shall constitute indebtedness or a liability of the Issuer within the meaning of any State constitutional provision or statutory limitation or shall constitute or give rise to a pecuniary liability of the Issuer or any member, officer or agent of the Issuer or a charge against its general credit or taxing powers; the Note constitutes a special obligation of the Issuer’s general credit. In making the agreements, payable solely from the revenues pledged to the payment thereof pursuant to provisions and covenants set forth in this Senior Loan Agreement, and does the Issuer has not now and shall never constitute an indebtedness or a loan obligated itself except with respect to the application of the credit payments, as hereinabove provided. No recourse shall be had for the payment of principal of, or premium, if any, or interest on any of the Series 2020 Bonds or for any claim based thereon or upon any obligation, covenant or agreement in this Agreement contained, against any past, present or future officer, director, member, trustee, employee or agent of the Issuer or any officer, director, member, trustee, employee or agent of any successor entity, as such, either directly or through the Issuer or any successor entity, under any rule of law or equity, statute or constitution or by enforcement by any assessment or penalty or otherwise. The members of the Issuer, the State or any political subdivision thereof or a charge against officers and employees of the general credit or taxing powers thereof within the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal statusIssuer, or any representations, other agents of the Borrower Issuer are not subject to personal liability or the Lender. It is further understood and agreed accountability by reason of any action authorized by the Borrower and the Lender that the Issuer shall not incur any pecuniary liability hereunder and shall not be liable for any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expense, or suffers any losses, claims or damages or incurs any liabilities relating to this Loan AgreementAct, including without limitation, expenses the issuance of an audit the Series 2020 Bonds, the failure to issue the Series 2020 Bonds, or the execution and delivery of the Series 2020 Bonds. The Parties acknowledge that the Issuer will have no control over the application or use of the proceeds of the Taxable Series 2020B Loan or the Taxable Series 2020B Project. The Issuer does not by this Agreement or otherwise assume any obligation or affirmative duty to review, monitor, investigate, inspect or after the issuance of the Taxable Series 2020B Bonds, undertake any responsibility with respect to the Project, any change in the Borrower entity, or the application of Taxable Series 2020B Loan proceeds by the Internal Revenue Service, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the NoteBorrower.

Limitation of Issuer’s Liability. It is understood The Bonds shall be limited obligations of the Issuer, the principal of, redemption premium, if any, and agreed interest on which shall be payable by the Borrower and Issuer solely out of the Lender that no covenantrevenues derived by the Issuer pursuant to this Agreement. THE BONDS AND THE INTEREST THEREON AND REDEMPTION PREMIUM, IF ANY, SHALL NOT BE DEEMED TO CONSTITUTE A DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING WITHOUT LIMITATION, THE ISSUER AND THE COUNTY OF WAYNE, GEORGIA (THE "COUNTY"). NEITHER THE STATE NOR ANY POLITICAL SXXXXXISION THEREOF, INCLUDING, WITHOUT LIMITATION, THE ISSUER AND THE COUNTY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES ASSIGNED AND PLEDGED THEREFOR, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING, WITHOUT LIMITATION, THE ISSUER AND THE COUNTY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE ISSUER DOES NOT HAVE ANY TAXING POWER. No breach by the Issuer of this Agreement or of any provision or condition hereof or in the Bonds or of any agreement contained in this Loan the Agreement or in the Note, or Bonds shall result in the imposition of any obligation herein or therein imposed pecuniary liability upon the Issuer or the breach thereof, shall give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; the Note constitutes a special obligation of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to this Loan Agreement, and does not now and shall never constitute an indebtedness or a loan of the credit of the Issuer, the State or any political subdivision thereof or a agency of the State or any charge against upon the general credit or taxing powers thereof within power of the meaning of any constitutional or statutory provision whatsoever. It is further understood and agreed by Issuer, the Borrower and the Lender that the Issuer has no obligation to use due diligence regarding the financial or legal statusState, or any representations, political subdivision of the Borrower State. The liability of the Issuer under this Agreement and the Bonds, or any provision or condition hereof or thereof, or of any agreement herein or in the Bonds contained, or of any warranty herein or in the Bonds included, or for any breach or default by the Issuer of any of the foregoing, shall be limited solely and exclusively to the pledged revenues derived by the Issuer under this Agreement which have been pledged to the Trustee. The Issuer shall not be required to execute or perform any of its duties, obligations, powers, or covenants hereunder or under the Bonds except to the extent the pledged revenues are available therefor. The Issuer may require as a condition to the participation by it with the Lessee in obtaining any license or permit or other approvals a deposit by the Lessee of such amount as determined by the Issuer to be reasonable to assure the reimbursement to the Issuer of the costs incurred by it in such participation, with any amount of such deposit in excess of such costs to be returned to the Lessee. The provisions of this Section 3.6 shall control every other provision of this Agreement, anything in such other provisions to the contrary notwithstanding. No covenant, agreement, or obligation contained in this Agreement or in the Bonds shall be deemed to be a covenant, agreement, or obligation of any present or future director, member, officer, employee, or agent of the Issuer in his individual capacity, and neither the members of the Issuer nor any officer thereof executing this Agreement or the LenderBonds shall be liable personally on the Bonds or under this Agreement or be subject to any personal liability or accountability by reason of the issuance, execution, or delivery of the Bonds. It is further understood and agreed by the Borrower and the Lender that No officer, director, member, employee, or agent of the Issuer shall not incur any pecuniary personal liability hereunder and shall not be liable for with respect to any expenses related hereto, all of which the Borrower agrees to pay. Notwithstanding the provisions of the immediately preceding sentence, if the Issuer incurs any expenseother action taken, or suffers any lossesnot taken, claims or damages or incurs any liabilities relating by him pursuant to this Loan Agreement, including without limitationthe Indenture, expenses of an audit by or the Internal Revenue ServiceAct, the Borrower will indemnify and hold harmless the Issuer from the same and will reimburse the Issuer for any legal or other expenses incurred by the Issuer in relation thereto, and this covenant to indemnify, hold harmless and reimburse the Issuer shall survive delivery of and payment for the Noteprovided he does not act with malicious intent.