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zz <br />be taken all lawful actions within its power necessary to rescind or correct such <br />actions or omissions promptly upon having knowledge thereof. <br />(1) To the extent information is available on the Closing Date, and based <br />upon, the County's examination of the Project Sites and of the Plans and <br />Specifications and estimated Project Costs provided by Appropriate Consultants, <br />the Financed Facilities can be constructed, acquired and equipped for a total price <br />within the total amount of funds to be available therefor in the Project Fund, <br />income anticipated to be derived from the investment thereof and other funds <br />expected to be available for such purposes. If the total amount available for such <br />purposes in the Project Fund will be insufficient to pay the entire cost of <br />constructing, acquiring and equipping the Financed Facilities, the County will pay <br />any such excess costs, with no resulting reduction or offset in the amounts <br />otherwise payable by the County. <br />(m) The County has determined to undertake all of the Financed Facilities <br />after extensive consideration of the County's needs and responsibilities, and <br />consideration of alternative means of carrying out those responsibilities. The <br />County's governing Board of Commissioners has determined that each of the <br />Financed Facilities will satisfy a current need for public facilities and services in <br />the County. All of the Financed Facilities are appropriate and needed to carry out <br />important governmental functions of the County, including education, law <br />enforcement, solid waste disposal, public. recreation and services for senior <br />citizens. The functions served by the Pledged Facilities -education and law <br />enforcement -are functions that the County is required by State law to undertake. <br />The County has an immediate use for all of the Financed Facilities. The County <br />expects the need and usefulness for each facility to continue throughout the term of <br />the Contract. Any loss of a Financed Facility (and especially the loss of any of the <br />Pledged Facilities) would create a temporary disruption in the County's ability to <br />carry out its governmental functions at the desired service level. <br />ARTICLE VIII <br />INDEMNIFICATION <br />To the extent permitted by law, the County agrees to indemnify, protect and <br />save SunTrust, the LGC and their officers, members and employees, harmless from <br />all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs <br />and expenses, including attorneys' fees, arising out of, connected with, or resulting <br />directly or indirectly from the Project Sites or the Financed Facilities or the <br />97562v1 22 <br />