Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds

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_ __ _ �____ _ Section 2.04. Authority not Liable. The Authority and its directors, officers and employees shall not be liable to the City or to any other party whomsoever fo� any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about o� relating to the Project, and in no event shall the Authority be liable for any incidental, indirect, special or consequential damage in connection herewith o�arising hereunder. Section 2.05. Disclaimer of the Authority. The City acknowledges and agrees that the Authority makes no representation or warranty, express or implied, as to the Project, except as expressly set forth in this Installment Purchase Contract. The City acknowledges that all risks relating to the Project or the transactions contemplated hereby or by the Indenture, are to be borne by the City, and the � benefits of any and all implied warranties and representations of the Authority are hereby waived by the City. ARTICLE 111 INSTALLMENT PAYMENTS, REVENUES AND ACCOUNTS Section 3.01. Payment of the Installment Payments. The total principal amount of the Installment Payments owed and to be paid by the City to the Authority hereunder for the Acquisition of the Project is set forth in Exhibit B hereto. In addition, the Ciry shall owe (A) the amounts, if any, required to be paid hereunder to replenish the Reserve Fund, and (B) other amounts, if any, required to be paid by the Authoriry or the City under the Indenture. The Installment Payments shall, subject to any rights of prepayment of the City provided in Article VI, be due in installments in the amounts and on the dates described in Exhibit B attached hereto and in Section 4.01 hereof. Each Installment Payment shall be payable to the Authority in accordance with the terms hereof and at the times required by Section 4.01 hereof in lawful money of the United States of America. In the event the City fails to make any of the payments required to be made by it under this Section 3.01, such payment shall continue as an obligation of the City until such amount shall have been fully paid and the City agrees to pay the same as set forth in Exhibit B hereto. In the event an Installment Payment is insu�cient to make the payments of principal and interest represented by the Bonds on the next succeeding Interest Payment Date, due to investment losses incurred while on deposit in the Payment Fund or for any other reason, the City shall immediately pay to the Trustee upon notice therefrom additional amounts to cure such insufficiency. The obligation of the City to make the Installment Payments ffom Net Revenues is absolute and unconditional, whethe�or not the Project shall be acquired, and until such time as all Installment Payments shall have been fully paid and the Bonds are no longer Outstanding (or provision for the payment thereof shall have been made pursuant to Article IX of the Indenture), the City will not, under any circumstances, discontinue, abate or suspend any Installment Payments required to be made by it under this Section 3.01 when due, whether or not the Enterprise or any part thereof is operating or operable or has been completed, or whether or not the Enterprise is condemned, damaged, destroyed or seized or its use is suspended, interfered 7