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<br /> sources of payment therefor, all in reasonable detail and in any event separately stating Operating
<br /> Expenses and other payments constituting lease rentals or payments under each capital lease, installment
<br /> purchase contract or other indebtedness. The Corporation may at any time adopt and file with the Trustee
<br /> an amended Operating Budget. Copies of the Operating Budget as then amended and in effect will be
<br /> made available by the Trustee at normal business hours at the Trustee's principal corporate trust office
<br /> for inspection by any Owner. If the Corporation does not adopt an Operating Budget for a Fiscal Year
<br /> on or before the first day of such Fiscal Year, the Operating Budget for the preceding Fiscal Year(other
<br /> than with respect to capital expenditures and any new leases, installment purchase contracts and other
<br /> indebtedness of the Corporation for money borrowed other than obligations in respect of the Bonds and
<br /> obligations under which the obligee has no recourse to the Project and any Improvements or the
<br /> Revenues) will be deemed to have been adopted and be in effect for such Fiscal Year until the Operating
<br /> Budget for such Fiscal Year has been adopted as above provided.
<br /> Section 7.17. Indemnification and Nonliability of the Trustee. The Corporation covenants and
<br /> agrees, at its expense, to pay, and to indemnify and save the Trustee and its directors, officers,employees
<br /> and agents harmless from and against, any and all claims, damages, demands, expenses, liabilities and
<br /> taxes of any character or nature whatsoever, regardless of by whom imposed, and losses of every
<br /> conceivable kind, character and nature whatsoever, including, but not limited to, claims arising under
<br /> federal or state securities laws or otherwise arising in connection with the offer or sale of the Bonds, or
<br /> claims for loss or damage to any property or injury to or death of any person, asserted by or on behalf
<br /> of any person, and arising out of, resulting from or in any way connected with the Project and any
<br /> Improvements or the conditions, occupancy, use, possession, conduct or management of, or any work
<br /> done in or about the Project and any Improvements.
<br /> The Corporation also covenants and agrees, at its expense,to pay, and to indemnify and save the
<br /> Trustee and its directors,officers,employees and agents harmless, from and against,all costs,reasonable
<br /> counsel fees, expenses and liabilities incurred in any action or proceeding brought by reason of any such
<br /> claim or demand. In the event that any action or proceeding is brought against the Trustee or their
<br /> members, directors, officers, employees or agents by reason of any such claim or demand, the
<br /> Corporation, upon notice from the Trustee, covenants to resist and defend such action or proceeding on
<br /> demand of the Trustee or its directors, officers, employees or agents. Notwithstanding the foregoing,
<br /> neither the Trustee nor its directors, officers, employees and agents shall be indemnified against liability
<br /> for damage arising out of bodily injury to persons or damage to property caused by its own negligence
<br /> or willful and malicious acts or omissions or negligence or willful and malicious acts or omissions of its
<br /> own members, directors, officers, agents or employees.
<br /> The Corporation also covenants and agrees, at its expense, to pay, and to indemnify the Trustee
<br /> from and against all costs, expenses and charges, including reasonable counsel fees, incurred to enforce
<br /> any covenant or agreement of the Corporation contained in this Indenture.
<br /> Section 7.18. Environmental Condition of Project and any Improvements; Indemnification.
<br /> (a) The Corporation warrants and represents to the Trustee and the Owners, to the best
<br /> of the Corporation's knowledge, that: (i) the Project and any Improvements are now and at all
<br /> times hereafter will continue to be in full compliance with all federal, state and local
<br /> environmental laws and regulations, including, but not limited to, the Comprehensive
<br /> Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Public Law
<br /> No. 96-510, 94 Stat. 2767, 42 U.S.C. 9601 et seq, and the Superfund Amendments and
<br /> Reauthorization Act of 1986(SARA), Public Law No 99-499, 100 Stat. 1613, and (ii)(A) as of
<br /> the date hereof, there are no
<br /> hazardous substances (including without limitation, any materials
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