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Agreement as though wholly set forth herein and the Borrower shall comply with each such <br />provision through the term of this Agreement. <br />ARTICLE 7 <br />Borrower's Acknowledgments <br />Section 7.1. Acknowledgements. The Borrower acknowledges that the Lender, in order to obtain <br />funds for the Loan Proceeds, is using funds provided by the State under the Local Affordable <br />Housing Aid Program. The Borrower acknowledges that nothing contained in this Agreement shall <br />be deemed or construed to create between the State and the Borrower (or, except as Borrower and <br />Lender, between the Lender and the Borrower) any relationship, including but not limited to that <br />of third -party beneficiary, principal and agent, limited or general partnership, or joint venture. <br />ARTICLE 8 <br />Other Special Conditions <br />Section 8.1. Forgivable Loan Closeout. The Borrower shall, upon request from Lender, provide <br />the Lender with all documentation necessary to demonstrate that the Loan Proceeds have been <br />used for the items and purposes set forth in this Agreement. Upon submission by Borrower to <br />Lender of reasonable evidence that the proceeds of the Forgivable Loan have been used pursuant <br />to the requirements of Section 3.1 (subject to the Lender's written approval not to be unreasonably <br />withheld, conditioned or delayed) all obligations under this Agreement, and all other documents, <br />covenants, promises and agreements relating to the Forgivable Loan between Borrower and <br />Lender, including Borrower's requirement to repay the Forgivable Loan shall terminate and the <br />Forgivable Loan will be forgiven. <br />Section 8.2. Release and Indemnification Covenants. Except for any breach of the representations <br />and warranties of the Lender or the gross negligence or other wrongful act or omission of the <br />following named parties, the Borrower agrees to protect and defend the Lender and the governing <br />body members, officers, agents, servants, and employees thereof, now and forever, and further <br />agrees to hold the aforesaid harmless from any claim, demand, suit, action, or other proceeding <br />whatsoever by any person or entity whatsoever arising or purportedly arising from the Borrower's <br />activities on the Property. <br />Section 8.3. Modifications. This Agreement may be modified solely through written amendments <br />hereto executed by the Borrower and the Lender. <br />Section 8.4. Notices and Demands. Any notice, demand, or other communication under this <br />Agreement by either party to the other shall be sufficiently given or delivered only if it is <br />dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered <br />personally: <br />(a) As to the Lender: City of Ramsey <br />Attn: Brian Hagen, City Administrator <br />4 <br />