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<br />I <br /> <br /> <br />4. General Provisions. <br /> <br />(a) Prior to the issuance of the Bonds, there <br />sha I be a reasonable showing to the City Council that <br />the User is capable and will remain capable of carrying <br />out its financial obligations under the Loan Agreement. <br /> <br />(b) All commitments with respect to the Bonds in <br />a p incipal amount of $1,000,000 of the City under <br />Sec ion 2 hereof and of the User under Section 3 hereof <br />are subject to the condition that, on or before twelve <br />(12 months from the date of this Agreement, the <br />Cit and the User shall have agreed to mutually accept- <br />abl terms for thE~ Bonds and for the issuance, sale, <br />and delivery thereof, and mutually acceptable terms and <br />conditions for the Loan Agreement, the Trust Indenture <br />expected to be executed as part of the financing docu- <br />ments relating to the Bonds (the "Trust Indenture"), <br />and such other documents referred to in Section 3 and <br />the roceedings referred to in Sections 2 and 3 hereof, <br />and the City and the User shall have complied with all <br />of he provisions of the Act applicable to the is- <br />suance, sale, and delivery of the Bonds and the fi- <br />nancing of the Project. <br /> <br />(c) I f the E~vents set forth in Sect ion 4 ( a) and <br />(b) above do not take place within the time set forth <br />or ny extension thereof, and if the Bonds are not <br />issued and sold within that time, the User agrees that <br />it ill reimburse~ the City for all reasonable and <br />necessary direct out-of-pocket expenses which the City <br />may incur arising from the execution of this Agreement, <br />including without limitation the reasonable expenses <br />tha t the City deems necessary for attorneys I, accoun- <br />tan s I, and aud i tors I fees and expe nses, and the <br />per ormance of the City's obligations hereunder, <br />whereupon this Agreement shall terminate. <br /> <br />(d) The User will protect, indemnify, and save <br />the City, its officers, agents, and employees harmless <br />fro and against all liabilities, losses, damages, <br />cos s, expenses (including attorneys' fees and ex- <br />pens s), causes of act ion, sui ts, cIa ims, demands and <br />judg ents of any nature arising from: <br /> <br />(1) any inj ury 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 /> <br /> <br /> <br />A-4 <br />