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<br />and employees, harmless from all liability, obligations, losses, claims, damages, actions,
<br />suits, proceedings, costs and expenses, including attorneys' fees, arising out of, connected
<br />with, or resulting directly or indirectly from the Mortgaged Property or the transactions
<br />contemplated by this Agreement, including without limitation the possession, condition,
<br />construction or use of the Facility, The indemnification arising under this Section shall
<br />survive the Agreement's termination.
<br />4.03. Covenant as to Tax Exemption. The County shall not take or permit, or
<br />omit to take or cause to be taken, any action that would adversely affect the exclusion
<br />from gross income for federal income tax purposes of the designated interest component
<br />of Installment Payments to which such components would otherwise be entitled and, if it
<br />should take or permit, or omit to take or cause to be taken, any such action, the County
<br />shall take or cause to be taken all lawful actions within its power necessary to rescind or
<br />correct such actions or omissions promptly upon having knowledge thereof.
<br />4.07. No Breach of Law or Contract. Neither the execution and delivery of this
<br />Agreement nor the consummation of the transactions contemplated hereby, nor the
<br />fulfillment of or compliance with the terms and conditions of this Agreement, (a) to the
<br />best of the County's knowledge, constitutes a violation of any provision of law governing
<br />the County or (b) results in a breach of the terms, conditions or provisions of any
<br />contract, agreement or instrument or order, rule or regulation to which the County is a
<br />party or by which the County is bound.
<br />4.08. No Litigation. There is no litigation or any governmental administrative
<br />proceeding to which the County (or any official thereof in an official capacity) is a party
<br />that is pending or, to the best of the County's knowledge after reasonable investigation,
<br />threatened with respect to (a) the County's organization or existence, (b) its authority to
<br />execute and deliver this Agreement or, to comply with the terms of this Agreement, (c)
<br />the validity or enforceability of this Agreement or the transactions contemplated hereby,
<br />(d) the title to office of any Governing Board member or any other County officer, (e)
<br />any authority or proceedings relating to the County's execution or delivery of this
<br />Agreement, or (f) the undertaking of the transactions contemplated by this Agreement.
<br />4.09. No Current Default or Violation. (a) The County is not in violation of
<br />any existing law, rule or regulation applicable to it, (b) the County is not in default under
<br />any contract, other, agreement, order, judgment, decree or other instrument or restriction
<br />of any kind to which the County is a party or by which it is bound or to which any of its
<br />assets are subject, including this Agreement, and (c) no event or condition has happened
<br />or existed, or is happening or existing, under the provisions of any such instrument,
<br />including this Agreement, which constitutes or which, with notice or lapse of time, or
<br />both, would constitute an event of default hereunder or thereunder.
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