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Section 8.3 Notices. All notices, certificates, requests or other communications hereunder
shall be given in the same manner as notices, certificates, requests and other communications are to be
given under Section 13.03 of the Indenture.
Section 8.4 Extent of Covenants of the Issuer; No Personal Liability. All covenants,
obligations and agreements of the Issuer contained in this Loan Agreement and the Indenture shall be
effective to the extent authorized and permitted by applicable law. No such covenant, obligation or
agreement shall be deemed to be a covenant, obligation or agreement of any present or future member,
officer, agent or employee of the Issuer in other than his or her official capacity, and neither the members
of the Issuer nor any official executing the Bonds shall be liable personally on the Bonds or be subject to
any personal liability or accountability by reason of the issuance thereof or by reason of the covenants,
obligations or agreements of the Issuer contained in this Loan Agreement or in the Indenture.
Section 8.5 Binding Effect. This Loan Agreement shall inure to the benefit of and shall be
binding in accordance with its terms upon the Issuer, the Borrower and their respective permitted successors
and assigns provided that this Loan Agreement may not be assigned by the Borrower (except in connection
with a sale or transfer of assets pursuant to Section 5.2 hereof) and may not be assigned by the Issuer except
to the Trustee pursuant to the Indenture or as otherwise may be necessary to enforce or secure payment of
Bond Debt Service Charges. This Loan Agreement may be enforced only by the parties, their assignees
and others who may, by law, stand in their respective places.
Section 8.6 Amendments and Supplements. Except as otherwise expressly provided in this
Loan Agreement or the Indenture, subsequent to the issuance of the Bonds and prior to all conditions
provided for in the Indenture for release of the Indenture having been met, this Loan Agreement, the
Regulatory Agreement and the Promissory Note may not be effectively amended, changed, modified,
altered or terminated except in accordance with the provisions of Article XI of the Indenture, as applicable.
Section 8.7 Execution Counterparts. This Loan Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and
the same instrument.
Section 8.8 Severability. If any provision of this Loan Agreement, or any covenant, obligation
or agreement contained herein is determined by a court to be invalid or unenforceable, that determination
shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed
and enforced as if the invalid or unenforceable portion were not contained herein. That invalidity or
unenforceability shall not affect any valid and enforceable application thereof, and each such provision,
covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken
in the manner and to the full extent permitted by law.
Section 8.9 Governing Law. This Loan Agreement shall be deemed to be a contract made
under the laws of the Commonwealth and for all purposes shall be governed by and construed in accordance
with the laws of the Commonwealth.
Section 8.10 Non-Recourse Obligations. Notwithstanding anything to the contrary set forth
herein, in the Promissory Note and in any other document delivered in connection herewith, it is hereby
expressly agreed and understood that the obligations of the Borrower hereunder, under the Promissory Note
and under every document executed and delivered in connection herewith, are non-recourse. Neither the
Borrower nor any member, partner, officer, director or employee of the Borrower (each a “Related Party”)
shall have any personal liability for the repayment of the Loan. In furtherance thereof, the Issuer and the
Trustee shall be entitled to look solely and exclusively to the Issuer Revenues, the Project and any income
derived therefrom for the payment and other obligations of the Borrower hereunder, under the Promissory
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