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<br /> (b) All commitments with respect to the Bonds in a <br />principal amount of $400,000 of the City under Section 2 <br />hereof and of the User under Section 3 hereof are <br />subject to the condition that, on or before twenty- four <br />months from the date of this Agreement, the City and the <br />User shall have agreed to mutually acceptable terms for <br />the Bo nd s and for the issuance, sale, and delivery <br />thereof, and mutually acceptable terms and conditions <br />for the Loan Agreement and such other documents referred <br />to in Section 3 and the proceedings referred to in <br />Sections 2 and 3 hereof, and the City and the User shall <br />have complied with all of the provisions of the Act <br />applicable to the issuance, sale, and delivery of the <br />, Bonds and the financing of the Project. <br /> ( c) If the events set forth in Section 4 ( a) and <br />(b) above do not take place within the time set forth or <br />any extension thereof, and if the Bonds are not issued <br />and sold within that time, the User ag re e s that it will <br />reimburse the City for all reasonable and necessary <br />direct out-of-pocket expenses which the City may incur <br />arising from the execution of this Agreement, including <br />without limitation the reasonable expenses that the City <br />deems necessary for attorneys' , accountants' , and <br />auditors' fees and expenses, and the performance of the <br />Ci ty' s obligations hereunder, whereupon this Agreement <br />shall terminate. <br /> ( d) The User will protect, indemnify, and save <br />the City, its officers, agents, and employees harmless <br />from and against all liabilities, losses, damages, <br />costs, expenses (including attorneys' fees and ex- <br />penses), causes of action, suits, claims, demands and <br />judgments of any nature arising from, but not limited <br />to, the following: <br /> ( I ) any injury to or death of any person or <br /> damage to property in or upon the Project, or <br /> growing out of or connected with the use, non-use, <br /> condition, or occupancy of the Project or a part <br /> thereof; <br /> ( 2 ) violation of any agreement or condition <br /> of the Loan Agreement, except by the negligent act <br /> or failure to act by the City; <br /> (3) violation of any contract, agreement <br /> or restriction by the User relating to the Project; <br /> - 4 - <br />