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Section 4.08. Remedies Subject to Provisions of Law. All rights, remedies and powers <br /> provided by this Article may be exercised only to the extent that the exercise thereof does not <br /> violate any applicable provision of law, and all the provisions of this Article are intended to be <br /> subject to all applicable mandatory provisions of law which may be controlling in the premises <br /> and to be limited to the extent necessary so that they will not render this Loan Agreement invalid <br /> or unenforceable under the provisions of any applicable law. <br /> Section 4.09. No Right to Conduct Affairs of Borrower. Nothing contained in this Loan <br /> Agreement shall be construed to grant the City the right to conduct the business and affairs of the <br /> Borrower, whether or not an Event of Default shall have occurred. <br /> Section 4.10. Expenses on Default. In the event the Borrower should default under any of <br /> the provisions of this Loan Agreement and the City or the Bond Trustee should employ attorneys <br /> or incur other expenses for the collection of the payments due hereunder,the Borrower agrees that <br /> it will on demand therefor pay to the City or the Bond Trustee the reasonable attorneys' fees and <br /> expenses of such attorneys and such other reasonable expenses so incurred by the City or the Bond <br /> Trustee. <br /> Section 4.11. Bankruptcy Matters. The Borrower acknowledges and agrees that in the <br /> event Borrower commences a case under the United States Bankruptcy Code located at 11 U.S.C. <br /> §101 et seq. (the "Bankruptcy Code") or is the subject of an involuntary case that results in an <br /> order for relief under the Bankruptcy Code: (i)amounts on deposit in any of the funds established <br /> hereunder or under the Indenture (collectively, "Funds") are not, nor shall they be deemed to be, <br /> property of Borrower's bankruptcy estate as defined by §541 of the Bankruptcy Code; (ii) that in <br /> no event shall Borrower assert, claim or contend that amounts on deposit in any of the Funds are <br /> property of Borrower's bankruptcy estate; and(iii)that amounts on deposit in any of the Funds are <br /> held in trust solely for the benefit of the Registered Owners and the Beneficial Owners, shall be <br /> applied only in accordance with the provisions of the Indenture and the Borrower has no legal, <br /> equitable nor reversionary interest in, or right to, such amounts. <br /> ARTICLE V <br /> IMMUNITY OF MEMBERS,OFFICERS,DIRECTORS AND EMPLOYEES <br /> Section 5.01. Immunity. No recourse shall be had for the payment of the principal of, or <br /> premium, if any, or the interest on, the Series 2026A Note, or for any claim based thereon or on <br /> this Loan Agreement or any agreement supplemental or collateral hereto, against any trustee, <br /> member, director, officer or employee,past,present or future,of the Borrower, , either directly, or <br /> through the Borrower, , whether by virtue of any constitution, statute, rule of law, or by the <br /> enforcement of any assessment or penalty or otherwise; all such liability,whether at common law, <br /> in equity, by any constitution, statute or otherwise, of trustees, members, directors, officers or <br /> employees, as such, being released as a condition of and consideration for the execution of this <br /> Loan Agreement and of the issuance of the Series 2026A Note. <br /> -28- <br />