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40 <br />• <br />of <br />LE <br />Messrs. Davis and Davis <br />February 1982 <br />Page Three <br />4. Upon delivery of the bonds, the provisions of this <br />proposal and the agreement resulting from its acceptance by you <br />shall have no further effect, and in the event of any incon- <br />sistency between the terms of this proposal and the terms of the <br />Agreement and the Note in the form in which they shall be finally <br />approved by resolution of the Board, the provisions of the <br />Agreement and Note as so approved shall control. <br />5. Upon acceptance by you of this proposal, the Issuer <br />shall keep open and outstanding this commitment and inducement to <br />you for a reasonable time so long as you shall be proceeding with <br />appropriate efforts toward conclusion of any arrangements <br />necessary to the Project, and so long as there shall be no <br />material adverse change in your financial condition; provided, <br />however, if for any reason (other than that which shall be the <br />fault of the Issuer) the bonds are not delivered to the purchaser <br />or purchasers thereof within one year from the date hereof, then <br />the provisions of this proposal and the agreement resulting from <br />its acceptance by you will be deemed cancelled. In such event, <br />or in the event of its earlier cancellation by agreement between <br />you and the Issuer, neither party shall have any rights against <br />the other and no third party shall have any rights against either <br />party except; <br />(a) You will pay to the Issuer the amount of all expen- <br />ses which shall have been incurred by the Issuer in connection <br />with the Project, and any administrative fees of the Issuer in <br />reviewing and processing your bond issuance application. <br />(b) You will assume and be responsible for all <br />contracts entered into by the Issuer at your request in connec- <br />tion with the Project; and <br />(c) You will pay the out-of-pocket expenses of offi- <br />cials and representatives of the Issuer incurred in connection <br />with the Project and will pay counsel for the Issuer and the firm <br />of Freeman, Richardson, Watson & Kelly, P.A., bond counsel, legal <br />fees for legal services related to the Project or the financing <br />thereof in accordance with its fee letter addressed to the Board <br />dated August 5, 1981, <br />6. The Issuer shall not be obligated to pay any of the <br />bonds or the interest thereon from any funds of the Issuer <br />derived from any source other than the Agreement and Note, or any <br />guaranty agreement by Rampmaster, Inc., and each bond shall con- <br />