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<br />7 <br />property by or from any cause whatsoever in, on, or about or relating to the Project, and in no <br />event shall the Authority be liable for any incidental, indirect, special or consequential damage in <br />connection herewith or arising hereunder. <br /> <br />Section 2.05. Disclaimer of the Authority. <br /> <br />The City acknowledges and agrees that the Authority makes no representation or <br />warranty, express or implied, as to the Project, except as expressly set forth in this Installment <br />Purchase Contract. The City acknowledges that all risks relating to the Project or the <br />transactions contemplated hereby or by the Indenture, are to be borne by the City, and the <br />benefits of any and all implied warranties and representations of the Authority are hereby <br />waived by the City. <br /> <br /> <br />ARTICLE III <br /> <br />INSTALLMENT PAYMENTS, REVENUES AND ACCOUNTS <br /> <br />Section 3.01. Payment of the Installment Payments. <br /> <br />The total principal amount of the Installment Payments owed and to be paid by the City <br />to the Authority hereunder for the Acquisition of the Project is set forth in Exhibit B hereto. In <br />addition, the City shall owe other amounts, if any, required to be paid by the Authority or the City <br />under the Indenture. The Installment Payments shall, subject to any rights of prepayment of the <br />City provided in Article VI, be due in installments in the amounts and on the dates described in <br />Exhibit B attached hereto and in Section 4.01 hereof. <br /> <br />Each Installment Payment shall be payable to the Authority in accordance with the terms <br />hereof and at the times required by Section 4.01 hereof in lawful money of the United States of <br />America. In the event the City fails to make any of the payments required to be made by it under <br />this Section 3.01, such payment shall continue as an obligation of the City until such amount <br />shall have been fully paid and the City agrees to pay the same as set forth in Exhibit B hereto. <br />In the event an Installment Payment is insufficient to make the payments of principal and <br />interest represented by the Bonds on the next succeeding Interest Payment Date, due to <br />investment losses incurred while on deposit in the Payment Fund or for any other reason, the <br />City shall immediately pay to the Trustee upon notice therefrom additional amounts to cure such <br />insufficiency. <br /> <br />The obligation of the City to make the Installment Payments from Net Revenues is <br />absolute and unconditional, whether or not the Project shall be acquired, and until such time as <br />all Installment Payments shall have been fully paid and the Bonds are no longer Outstanding (or <br />provision for the payment thereof shall have been made pursuant to Article IX of the Indenture), <br />the City will not, under any circumstances, discontinue, abate or suspend any Installment <br />Payments required to be made by it under this Section 3.01 when due, whether or not the <br />Enterprise or any part thereof is operating or operable or has been completed, or whether or not <br />the Enterprise is condemned, damaged, destroyed or seized or its use is suspended, interfered <br />with, reduced or curtailed or terminated in whole or in part, and such payments from Net <br />Revenues shall not be subject to reduction whether by offset, counterclaim, defense, <br />recoupment, abatement, suspension, deferment or otherwise and shall not be conditional upon <br />the performance or nonperformance by any party of any agreement or covenant contained <br />herein for any cause whatsoever. <br />8.C. - Page 169