Resolution 1983-02 - Laserfiche WebLink

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months from the date of this Agreement, the City and the User shall have agreed to mutually acceptable terms for at least one series of the Bonds and for the Issuance, S al e , and del ivery thereof, and mutually acceptable terms and conditions for the Loan Agreement and such other documents referred to In Section 3 and the pro- ceedings referred to in Sections 2 and 3 hereof, and the City and the User shall have complied with all of the provisions of the Act applicable to the issuance, sale, and delivery of the Bonds and the financing of the Project. . ( c) If the events set forth in Section 4{a) and (b) above do not take place within the time set forth or any extension thereof, and if the Bonds are not issued and sold within that time, the User agrees that it will reimburse the City for all reasonable and necessary direct out-of-pocket expenses which the City may incur arising from the execution of this Agreement, including without limitation the reasonable expenses that the City deems necessary for attorneys', accountants' , and auditors' fees and expenses, and the performance of the City's obligations hereunder, whereupon this Agreement shall terminate. (d ) The User will protect, indemnify, and save the City, its officers, agents, and employees harmless from and against all liabilities, losses, d amag e s, costs, expenses (includ ing attorneys' fees and ex- penses) , causes of action, suits, claims, demands and judgments of any nature arising from, but not limited to, the following: ( 1 ) any injury to or death of any person or damage to property in or upon the Project, or growing out of or connected with the use, non-use, condition, or occupancy of the Project or a part thereof; ( 2 ) violation of any agreement or condition of the Loan Agreement, except by the neg 1 ig ent act or failure to act by the City; ( 3 ) violation of any contract, agreement or restriction by the User relating to the Project; ( 4 ) violation of any law, ordinance or regulation affecting the Project or a part thereof or the ownership, occupancy or use thereof; ( 5 ) the design, construction, or acquisition of the Project or the failure to design, acquire, or construct the Project; - 16 - .