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C7l •4 ARTICLE VIII MISCELLANEOUS Section 8.01. Covenants for Benefit of Holders. This Loan Agreement is executed in part to induce the purchase by others of the Bonds, and accordingly, all covenants and agreements on the part of the Borrower and the Issuer set forth in this Loan Agreement and the Note are hereby declared to be for the benefit of the Holders from time to time of the Bonds. This Loan Agreement, the Note and any property and funds held by the Issuer or the Trustee pursuant to this Loan Agreement, the Note and the Indenture are held for the benefit of the holders of the Bonds and, to the extent provided herein, in the Note and in the Indenture, the Credit Facility Provider, and shall not be available to satisfy claims of holders of other issues of the Issuer's bonds or of any other creditors of the Issuer, including, without limitation, any judgment creditors or any secured or other lien creditors, whether such claims now exist or hereafter come into existence. Nothing in this Section 8.01 shall be construed to give any Bondholder or group of Bondholders any rights to enforce any provisions hereof or to exercise any remedies herein provided. Section 8.02. Compliance with Indenture. The Borrower recognizes that the Indenture contains provisions that relate to matters affecting the payment of Costs of the Project and the administration and investment of certain funds; the Borrower has reviewed the Indenture and hereby assents to all provisions of the Indenture. The Borrower shall take such action as may be necessary in order to enable the Issuer to comply with all requirements and to fulfill all covenants of the Indenture to the extent that compliance with such requirements and fulfillment of such covenants are dependent upon any observance or performance required of the Borrower by the Indenture, the Note and this Loan Agreement. Section 8.03. Actions of Borrower and the Issuer. The Borrower agrees that all actions heretofore or'hereafter taken by it and all actions hereafter taken by the Issuer to carry out the Project upon the recommendation or request of any officer of the Borrower have been and will be in full compliance with the Indenture and this Loan Agreement. The Borrower acknowledges that any review of any such actions heretofore or hereafter taken by the Issuer's staff or counsel has been or will be solely for the protection of the Issuer. Neither such review nor any action taken by the Issuer to carry out the Project shall estop or otherwise preclude the Issuer from enforcing this Loan Agreement or the Note. Section 8.04. Issuer's Liability Limited. Neither the execution and delivery of this Loan Agreement, the Note and the Mortgage nor the carrying out of the Project shall impose any personal liability on the [INSERT TITLES OF APPROPRIATE OFFICERS], officers, employees or agents of the Issuer. No recourse shall be had by the Borrower for any claims based on the Indenture, this Loan Agreement, the Note or the Mortgage against any [INSERT TITLES OF APPROPRIATE OFFICERS), officer, employee or other agent of the Issuer in his individual capacity, all such liability, if any, being expressly waived by the Borrower by the acceptance of this Loan Agreement. - 23 -