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taxing power of the City of Santa Ana or the State, or any political subdivision thereof, nor the faith and
<br />credit of the Governmental Lender is pledged to the payment of the principal (or prepayment price) of or
<br />interest on the Funding Loan. The Goverrllnental Lender shall not be liable for any costs, expenses,
<br />losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason
<br />of or in connection with this Borrower Loan Agreement or the Funding Loan Agreement, except only to
<br />the extent amounts are received for the payment thereof from the Borrower under this Borrower Loan
<br />Agreement.
<br />The Borrower hereby acknowledges that the Governmental Lender's sole source of moneys to
<br />repay the Funding Loan will be provided by the payments made by the Borrower pursuant to this
<br />Borrower Loan Agreement, together with investment income on certain funds and accounts held by the
<br />Fiscal Agent under the Funding Loan Agreement, and hereby agrees that if the payments to be made
<br />hereunder shall ever prove insufficient to pay all principal (or prepayment price) of and interest on the
<br />Funding Loan as the same shall become due (whether by maturity, redemption, acceleration or
<br />otherwise), then upon notice from the Fiscal Agent, the Borrower shall pay such amounts as are required
<br />from time to time to prevent any deficiency or default in the payment of such principal (or prepayment
<br />price) of or interest on the Funding Loan, including, but not limited to, any deficiency caused by acts,
<br />omissions, nonfeasance or malfeasance on the part of the Fiscal Agent, the Borrower, the Governmental
<br />Lender or any third party, subj ect to any right of reimbursement from the Fiscal Agent, the Gover~nnental
<br />Lender or any such third party, as the case maybe, therefor.
<br />Section 11.3. Waiver of Personal Liability. No member, officer, agent or employee of the
<br />Governmental Lender or any director, officer, agent or employee of the Governmental Lender shall be
<br />individually or personally liable for the payment of any principal (or prepayment price) of or interest on
<br />the Funding Loan or any other sum hereunder or be subject to any personal liability or accountability by
<br />reason of the execution and delivery of this Borrower Loan Agreement; but nothing herein contained shall
<br />relieve any such member, director, officer, agent or employee from the performance of any official duty
<br />provided by law or by this Borrower Loan Agreement.
<br />Section 11.4. Limitation on Liability of Governmental Lender's or Funding Lender's
<br />Commissioners, Officers, Employees, Etc.
<br />(a} Borrower assumes all risks of the acts or omissions of the Governmental Lender and the
<br />Funding Lender, provided, however, this assumption is not intended to, and shall not, preclude the
<br />Borrower from pursuing such rights and remedies as it may have against the Governmental Lender and
<br />the Funding Lender at law or under any other agreement. None of Governmental Lender, the Fiscal
<br />Agent and the Funding Lender, nor the other Beneficiary Parties or their respective corrunissioners,
<br />officers, directors, employees or agents shall be liable or responsible for (i) for any acts or omissions of
<br />the Governmental Lender and the Funding Lender; or (ii) the validity, sufficiency or genuineness of any
<br />documents, or endorsements, even if such documents should in fact prove to be in any or all respects
<br />invalid, insufficient, fraudulent or forged. In furtherance and not in limitation of the foregoing, the
<br />Goverrunental Lender and the Funding Lender may accept documents that appear on their face to be in
<br />order, without responsibility for further investigation, regardless of any notice or information to the
<br />contrary, unless acceptance in light of such notice or information constitutes willful misconduct on the
<br />part of the Governmental Lender or gross negligence or willful misconduct on the part of the Funding
<br />Lender.
<br />(b) None of the Governmental Lender, the Fiscal Agent, the Funding Lender, the other
<br />Beneficiary Parties or any of their respective commissioners, officers, directors, employees or agents shall
<br />be liable to any contractor, subcontractor, supplier, laborer, architect, engineer or any other party for
<br />services performed or materials supplied in connection with the Project. The Governmental Lender and
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