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and of any Bonds issued in exchange therefor or in lieu thereof(whether or not such subsequent
<br /> Bondholder has notice thereof),unless such consent is revoked in writing by the Bondholder giving
<br /> such consent or a subsequent holder.
<br /> SECTION 12.2. Limitation of Rights. With the exception of any rights herein
<br /> expressly conferred, nothing expressed or mentioned in or to be implied from this Indenture or the
<br /> Bonds is intended or shall be construed to give to any person other than the parties hereto, the
<br /> Company and the Bondholders of the Bonds, any legal or equitable right, remedy or claim under
<br /> or with respect to this Indenture or any covenants, conditions and provisions herein contained.
<br /> This Indenture and all of the covenants, conditions and provisions hereof being intended to be and
<br /> being for the sole and exclusive benefit of the parties hereto the Company, and the Bondholders
<br /> of the Bonds,as herein provided. Notwithstanding the above,the rights of the Company hereunder
<br /> shall be construed in all cases as junior to the rights of the Bondholders.
<br /> SECTION 12.3. Severability. If any term or provision of this Indenture or the Bonds
<br /> shall be held or deemed to be or shall, in fact, be invalid, illegal, inoperative, or unenforceable as
<br /> applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all
<br /> cases because such term or provision conflicts with any other provision or provisions hereof or
<br /> any constitution or statute or rule of public policy, or for any other reason, such circumstances
<br /> shall not have the effect of rendering the provision in question inoperative or unenforceable in any
<br /> other case or circumstance, or of rendering any other provision or provisions herein contained
<br /> invalid, inoperative, or unenforceable to any extent whatever, and such term and provision shall
<br /> be valid and enforced to the fullest extent permitted by law.
<br /> SECTION 12.4. Limitation of Liability of Officials of Issuer.
<br /> (a) Anything in this Indenture to the contrary notwithstanding, it is expressly
<br /> understood and agreed by the parties hereto that the Issuer may rely conclusively on the truth and
<br /> accuracy of any certificate, opinion, notice, or other instrument furnished to the Issuer by the
<br /> Trustee or the Company as to the existence of any fact or state of affairs required hereunder to be
<br /> noticed by the Issuer.
<br /> (b) No recourse shall be had for the enforcement of any obligation, covenant,promise,
<br /> or agreement of the Issuer contained in this Indenture, any other Issuer Documents, or in any Bond
<br /> or for any claim based hereon or otherwise in respect hereof or upon any obligation, covenant,
<br /> promise, or agreement of the Issuer contained in any agreement,instrument, or certificate executed
<br /> in connection with the Project or the issuance and sale of the Bonds, against any of the Issuer
<br /> Indemnified Parties, whether by virtue of any constitutional provision, statute, or rule of law, or
<br /> by the enforcement of any assessment or penalty or otherwise; it being expressly agreed and
<br /> understood that no personal liability whatsoever shall attach to, or be incurred by, any of the Issuer
<br /> Indemnified Parties, either directly or by reason of any of the obligations, covenants,promises, or
<br /> agreements entered into by the Issuer with the Company or the Trustee, or to be implied therefrom
<br /> as being supplemental hereto or thereto,and that all personal liability of that character against each
<br /> of the Issuer Indemnified Parties is, by the execution of the Bonds, this Indenture, and the other
<br /> documents executed by the Issuer, and as a condition of, and as part of the consideration for, the
<br /> execution of the Bonds,this Indenture,and the other documents executed by the Issuer,is expressly
<br /> waived and released.
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