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Documents. The relationship between the Borrower and the Goverrunental Lender, the Funding Lender,
<br />the Fiscal Agent and the Servicer is, and at all times shall remain, solely that of debtor and creditor. No
<br />covenant or provision of the Borrower Loan Documents or the Funding Loan Documents is intended, nor
<br />shall it be deemed or construed, to create a partnership, joint venture, agency or common interest in
<br />profits or income between the Borrower and the Governmental Lender, the Funding Lender, the Fiscal
<br />Agent or the Servicer or to create an equity in the Project in the Governmental Lender, the Funding
<br />Lender, the Fiscal Agent or the Servicer. Neither the Governmental Lender, the Funding Lender, the
<br />Fiscal Agent nor the Servicer undertakes or assumes any responsibility or duty to the Borrower or to any
<br />other person with respect to the Project or the Borrower Loan, except as expressly provided in the
<br />Borrower Loan Documents or the Funding Loan Documents; and notwithstanding any other provision of
<br />the Borrower Loan Documents and the Funding Loan Documents: (1) the Governmental Lender, the
<br />Funding Lender, the Fiscal Agent and the Servicer are not, and shall not be construed as, a partner, joint
<br />venturer, alter ego, manager, controlling person or other business associate or participant of any kind of
<br />the Borrower or its stockholders, members, or partners and the Governmental Lender, the Funding
<br />Lender, the Fiscal Agent and the Servicer do not intend to ever assume such status; (2) the Governmental
<br />Lender, the Funding Lender, the Fiscal Agent and the Servicer shall in no event be liable for any the
<br />Borrower Payment obligations, expenses or losses incurred or sustained by the Borrower; and (3) the
<br />Governmental Lender, the Funding Lender, the Fiscal Agent and the Servicer shall not be deemed
<br />responsible for or a participant in any acts, omissions or decisions of the Borrower, the Borrower
<br />Controlling Entities or its stockholders, members, or partners. The Governmental Lender, the Funding
<br />Lender, the Fiscal Agent and the Servicer and the Borrower disclaim any intention to create any
<br />partnership, joint venture, agency or common interest in profits or income between the Governmental
<br />Lender, the Funding Lender, the Servicer, the Fiscal Agent and the Borrower, or to create an equity in the
<br />Project in the Governmental Lender, the Funding Lender, the Fiscal Agent or the Servicer, or any sharing
<br />of liabilities, losses, costs or expenses.
<br />Section 10.13. Release. The Borrower hereby acknowledges that it is executing this Borrower
<br />Loan Agreement and each of the Borrower Loan Documents and the Funding Loan Documents to which
<br />it is a party as its own voluntary act free from duress and undue influence.
<br />Section 10.14. Term of Borrower Loan Agreement. This Borrower Loan Agreement shall be
<br />in full force and effect until all payment obligations of the Borrower hereunder have been paid in full and
<br />the Borrower Loan and the Funding Loan have been retired or the payment thereof has been provided for;
<br />except that on and after payment in full of both Borrower Notes, this Borrower Loan Agreement shall be
<br />terminated, without further action by the parties hereto; provided, however, that the obligations of the
<br />Borrower under Sections 5.11 (Governmental Lender's and Funding Lender's Fees), 5.14 (Expenses),
<br />5.15 (Indemnity), 9.1.3, 9.1.4, 9.1.5, 9.1.6 and 10.15 (Reimbursement of Expenses) hereof, as well as
<br />under Section 5.7 (Third Party Consultants) of the Construction Funding Agreement, shall survive the
<br />termination of this Borrower Loan Agreement.
<br />Section 10.15. Reimbursement of Expenses. If, upon or after the occurrence of any Event of
<br />Default or Potential Default, the Governmental Lender, the Funding Lender, the Fiscal Agent or the
<br />Servicer shall employ attorneys or incur other expenses for the enforcement of performance or observance
<br />of any obligation or agreement on the part of the Borrower contained herein, the Borrower will on
<br />demand therefor reimburse the Governmental Lender, the Funding Lender and the S ervicer for fees of
<br />such attorneys and such other expenses so incurred.
<br />The Borrower's obligation to pay the amounts required to be paid under this Section 10.15 shall
<br />be subordinate to its obligations to make payments under the Borrower Note.
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