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giving effect to or carrying out the provisions of this Agreement and documents under which the <br /> Bonds are issued and/or secured. The Issuer and the Participating Jurisdiction hereby <br /> specifically agree that, upon request of the Borrower, the Issuer or the Participating Jurisdiction <br /> may at any time during the term hereof issue its refunding revenue bonds for the purpose of <br /> refunding the Bonds. In such event this Agreement shall continue to apply to such refunding <br /> revenue bonds and such refunding revenue bonds shall be governed hereby, all without further <br /> act by either the Issuer or the Participating Jurisdiction. <br /> 7. The Bonds shall be special, limited obligations of the Issuer, payable solely from <br /> proceeds, revenues and other amounts pledged thereto. In no event shall the Bonds ever be <br /> payable from or charged upon the general credit, taxing powers or any funds of either the Issuer <br /> or the Participating Jurisdiction; neither the Issuer nor the Participating Jurisdiction shall ever be <br /> subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the <br /> exercise of the taxing power of either of the Issuer or the Participating Jurisdiction to pay any of <br /> the Bonds or the interest thereon, nor to enforce payment thereof against any property of either <br /> of the Issuer or the Participating Jurisdiction; the Bonds shall not constitute a charge, lien or <br /> encumbrance, legal or equitable, upon any property of either the Issuer or the Participating <br /> Jurisdiction; and the Bonds do not constitute an indebtedness of the Issuer or the Participating <br /> Jurisdiction within the meaning of any constitutional, statutory, or charter limitation. No amount <br /> of the Bonds will be allocated to the Participating Jurisdiction for purposes of Section 265(b)(3) <br /> of the Internal Revenue Code of 1986, as amended. <br /> 8. This Agreement shall terminate upon the retirement or defeasance of the last <br /> outstanding Bonds or, if refunding revenue bonds are issued in accordance with the provisions <br /> hereof and the provisions of the Acts, upon the retirement or defeasance of the last outstanding <br /> refunding revenue bonds, and this Agreement may not be terminated in advance of such <br /> retirement or defeasance. <br /> 9. Any property acquired by the Issuer as a result of the Bonds, this Agreement, or <br /> the Indenture or the Loan Agreement entered into in connection with the Bonds shall be and <br /> remain the property of the Issuer, to be disposed of pursuant to the applicable terms of the Loan <br /> Agreement and the Indenture. Any surplus moneys remaining after the purpose of this <br /> Agreement has been completed, unless otherwise provided for in the Indenture or Loan <br /> Agreement shall belong ratably to the Issuer, the Participating Jurisdiction, or the Borrower, as <br /> their respective interests may appear. <br /> 10. All costs incurred by the Issuer and the Participating Jurisdiction in the <br /> authorization, execution, delivery and performance of this Agreement, and providing approval of <br /> the Project and host approval for the issuance of the Bonds, shall be paid by the Borrower. <br /> 11. This Agreement may be executed in counterparts, each of which shall be an <br /> original, but such counterparts shall together constitute but one and the same instrument. <br /> [The balance of this page is intentionally left blank] <br /> 2 <br />