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updates provided to investors or trade publications, including, but not limited to, <br /> the placement of the County's logo or other identifying name on marketing <br /> materials or of "tombstone" advertisements in publications of its choice at the <br /> Lender's own expense. <br /> Section 4.04 No Advisory or Fiduciary Relationship. In connection with <br /> all aspects of the transaction contemplated hereunder, the County acknowledges <br /> and agrees, that: (a) (i) the County has consulted its own legal, accounting, <br /> regulatory and tax advisors to the extent it has deemed appropriate, (ii) the County <br /> is capable of evaluating, and understands and accepts the terms, risks and <br /> conditions of the transactions contemplated hereby, (iii) the Lender is not acting as <br /> a municipal advisor or financial advisor to the County and (v) the Lender has no <br /> fiduciary duty pursuant to Section 15B of the Securities Exchange Act to the County <br /> with respect to the transactions contemplated hereby and the discussions, <br /> undertakings and procedures leading thereto (irrespective of whether the Lender <br /> has provided other services or is currently providing other services to the County on <br /> other matters); (b) (i) the Lender is and has been acting solely as a principal in an <br /> arms-length commercial lending transaction and, has not been, is not, and will not <br /> be acting as an advisor, agent or fiduciary, for the County, or any other person or <br /> entity and (ii) the Lender has no obligation to the County with respect to the <br /> transactions contemplated hereby except those obligations expressly set forth <br /> herein; (c) notwithstanding anything herein to the contrary, the County and the <br /> Lender intend that the 2022 Bonds represent a commercial loan transaction not <br /> involving the issuance and sale of a municipal security, and that any bond, note or <br /> other debt instrument that may be delivered to the Lender is delivered solely to <br /> evidence the repayment obligations of the County under the 2022 Bonds; and (d) <br /> the Lender may be engaged in a broad range of transactions that involve interests <br /> that differ from those of the County, and the Lender has no obligation to disclose any <br /> of such interests to the County. To the fullest extent permitted by law, the County <br /> hereby waives and releases any claims that it may have against the Lender with <br /> respect to any breach or alleged breach of agency or fiduciary duty in connection <br /> with any aspect of any transactions contemplated hereby. If the County would like a <br /> municipal advisor in this transaction that has legal fiduciary duties to the County, <br /> the County is free to engage a municipal advisor to serve in that capacity. The <br /> Lender's participation is pursuant to and in reliance upon the bank exemption <br /> and/or the institutional buyer exemption provided under the municipal advisor <br /> I <br />