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required for such action hereunder,or be responsible for the consequences of any error of judgment
<br /> reasonably made by it. When any payment, consent or other action by the Issuer is called for by
<br /> this Indenture or the Loan Agreement,the Issuer may defer such action pending such investigation
<br /> or inquiry or receipt of such evidence, if any, as it may require in support thereof. A permissive
<br /> right or power to act in the Issuer shall not be construed as a requirement to act, and no delay in
<br /> the exercise of a right or power shall affect the subsequent exercise thereof. The Issuer shall in no
<br /> event be liable for the application or misapplication of funds, or for other acts or defaults by any
<br /> Person. No recourse shall be had by the Company, the Trustee, any Bondholder or any Beneficial
<br /> Owner for any claim based on this Indenture or the Bonds against any of the Issuer's governing
<br /> body members, officers, employees, legal counsel, financial advisors or agents unless such claim
<br /> is based upon the willful dishonesty or intentional violation of law of such person.
<br /> SECTION 12.10. Holidays. If the date for making any payment or the last date for
<br /> performance of any act or the exercising of any right, as provided in this Indenture, shall not be a
<br /> Business Day, such payment may be made or act performed or right exercised on the next Business
<br /> Day with the same force and effect as if done on the nominal date provided in this Indenture, and
<br /> no interest shall accrue for the period after such nominal date.
<br /> SECTION 12.11. Counterparts. This Indenture may be simultaneously executed in any
<br /> number of counterparts, each of which shall be an original and all of which shall constitute but one
<br /> and the same instrument, but all of which, when taken together, shall constitute but one and the
<br /> same instrument, and shall become effective when copies hereof shall be delivered to each of the
<br /> parties hereto,which copies,when taken together,bear the signatures of each of the parties hereto.
<br /> SECTION 12.12. Applicable Provisions of Law. This Indenture shall be governed in
<br /> all respects including validity, interpretation and effect by, and shall be enforceable in accordance
<br /> with, the laws of the United States of America and of the State.
<br /> SECTION 12.13. Parties Interested Herein. Nothing in this Indenture expressed or
<br /> implied is intended or shall be construed to confer upon, or to give to, any person or entity, other
<br /> than the Issuer, the Trustee, the paying agent, if any, and the Bondholders of the Bonds, any right,
<br /> remedy or claim under or by reason of this Indenture or any covenant, condition or stipulation
<br /> hereof, and all covenants, stipulations, promises and agreements in this Indenture contained by
<br /> and on behalf of the Issuer and the Company shall be for the sole and exclusive benefit of the
<br /> Trustee, the paying agent, if any, and the Bondholders of the Bonds.
<br /> SECTION 12.14. Survival of Certain Provisions. Notwithstanding anything in this
<br /> Indenture to the contrary, any provisions of this Indenture which relate to the majority of the
<br /> Bonds, interest payments and dates therefor,optional and mandatory redemption provisions,credit
<br /> against sinking fund payments, exchange, transfer and cancellation of the Bonds, replacement of
<br /> mutilated, destroyed, lost or stolen Bonds, the safekeeping and cancellation of the Bonds, non-
<br /> presentation of the Bonds, the holding of money in trust, and repayments to the Company and the
<br /> Issuer from Indenture funds and accounts, the rebate of amounts to the United States of America,
<br /> and the rights, remedies and duties of the Trustee and the Registrar in connection with all of the
<br /> foregoing, shall remain in effect and be binding upon the Trustee, the Registrar, the Paying Agent
<br /> and the Owners notwithstanding the release and discharge of this Indenture. The provisions of
<br /> this Section 12.14 shall survive the release, discharge, and satisfaction of this Indenture.
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