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shall not be required to do any act whatsoever or exercise any diligence whatsoever to mitigate the
<br /> damages to the Borrower if a default shall occur hereunder.
<br /> Section 2.27. City's and Trustee's Right ofAccess to the Financed Property. The Borrower
<br /> agrees that during the term of this Loan Agreement the City, Trustee, and their duly authorized
<br /> agents shall have the right, but shall be under no duty or obligation to exercise this right, during
<br /> regular business hours,with reasonable notice,to enter upon the premises and examine and inspect
<br /> the Financed Property, subject to such limitations, restrictions and requirements as the Borrower
<br /> may reasonably prescribe.
<br /> Section 2.28. Trustee's Right to Perform Borrower's Covenants; Advances. In the event
<br /> the Borrower shall fail to(a)perform any covenant contained in Section 2.07 hereof; (b) maintain
<br /> its properties in repair pursuant to Section 2.10 hereof; (c)procure the insurance required by
<br /> Section 2.11 hereof; or (d) make any other payment or perform any other act required to be
<br /> performed hereunder, then and in each such case (unless the same is being contested or other
<br /> appropriate action is being taken with respect thereto pursuant to Section 2.08 hereof)the Trustee,
<br /> upon not less than five days' prior written notice to the Borrower, may(but shall not be obligated
<br /> to)remedy such default for the account of the Borrower and make advances for that purpose. No
<br /> such performance or advance shall operate to release the Borrower from any such default and any
<br /> sums so advanced by the Trustee shall be repayable by the Borrower on demand and shall bear
<br /> interest at the rate on the Bonds from the date of the advance until repaid.
<br /> Section 2.29. Indemnification of the City and the Trustee. (a) The Borrower will pay, and
<br /> will protect, indemnify and save the City and Trustee and their respective past, present and future
<br /> members, officers, directors, employees, agents, successor, assigns and any other person, if any,
<br /> who "controls"the City or Trustee, as the case may be, as that term is defined in Section 15 of the
<br /> Securities Act of 1933,as amended(the City,the Trustee and the other listed persons,collectively
<br /> referred to as the "Indemnified Persons")harmless from and against any and all liabilities, losses,
<br /> damages, taxes, penalties, costs and expenses (including attorneys' fees and expenses of the City
<br /> and Trustee),causes of action,suits,proceedings,claims,demands,tax reviews,investigations and
<br /> judgments of whatsoever kind and nature (including, but not limited to, those arising or resulting
<br /> from any injury to or death of any person or damage to property) arising from or in any manner
<br /> directly or indirectly growing out of or connected with the following:
<br /> (i) the use, financing, non-use, condition or occupancy of the Financed
<br /> Property, any repairs, construction, alterations, renovation, relocation, remodeling and
<br /> equipping thereof or thereto or the condition of any such Financed Property including
<br /> adjoining sidewalks, streets or alleys and any equipment or facilities at any time located on
<br /> or connected with such Financed Property or used in connection therewith but which are
<br /> not the result of the gross negligence of the City or Trustee;
<br /> (ii) a violation of any agreement, warranty, covenant or condition of this Loan
<br /> Agreement or any other agreement executed in connection with this Loan Agreement;
<br /> (iii) a violation of any contract,agreement or restriction by the Borrower relating
<br /> to the Financed Property;
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