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officers and employees and its successors and assigns from and against any and all liabilities, obligations, losses, damages (includin� consequential damages incurred by others), taxes and impositions, penalties, fines, claims, actions, suits, costs and expenses and disbursements (including legal fees and expenses) of whatsoever kind and nature imposed on, asserted against or incurred or suffered by the Authority or its directors, officers or employees or its successors and assigns in any way relating to or arising out of the purchase or Acquisition of the Project or the City's use thereof, the execution and delivery or performance hereof or the assignment hereof (except with respect to any representations and warranties made by the Authority therewith) or the Indenture or any other agreements related thereto, or the enforcement of any of the terms thereof. Section 2.04. Authoritv not Liable The Authority and its directors, officers and employees shall not be liable to the City or to any other party whomsoever for any death, injury or damage that may result to any person or property by or from any cause whatsoever in, on,or about or relating to the Project, and in no event shall the Authority be liable for any incidental, indirect, special or consequential damage in connection herewith or arising hereunder. Section 2.05. Disclaimer of the Authoritv 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, aze 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 III INSTALLMENT PAYMENTS, REVENUES AND ACCOUNTS , Section 3.01. Pavment 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 City 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 Authority 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 7 338529_1.DOC