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<br />indebtedness; but nothing in the Act impairs the rights of the Lender to enforce the covenants made <br />for the security thereof as provided in this Bond Resolution, the Loan Agreement and the Pledge <br />Agreement, and in the Act, and the Issuer has made the covenants and agreements herein for the <br />benefit ofthe Lender; provided that in any event, the agreement ofthe Issuer to perform or enforce <br />the covenants and other provisions contained herein and in the Bonds, the Loan Agreement and the <br />Pledge Agreement shall be subject at all times to the availability of revenue under the Loan <br />Agreement or held in the Bond Account and the Proceeds Account sufficient to pay all costs of such <br />performance or the enforcement; thereof, and the Issuer shall not be subject to any personal or <br />pecuniary liability thereon. <br /> <br />ARTICLE FOUR <br />MISCELLANEOUS <br /> <br />4.1. SEVERABILITY. If any provision of this Bond Resolution shall be held or deemed to <br />be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any <br />jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any <br />provisions of any constitution or statute or rule or public policy, or for any other reason, such <br />circumstances shall not have the effect of rendering the provision in question inoperative or <br />unenforceable in any other case or circumstance or of rendering any other provision or provisions <br />herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any <br />one or more phrases, sentences, clauses or paragraphs in this Bond Resolution contained shall not <br />affect the remaining portions of this Bond Resolution or any part thereof. <br /> <br />4.2. AUTHENTICA TION OF TRANSCRIPT. The officers of the Issuer are directed to furnish <br />to Bond Counsel certified copies of this Bond Resolution and all documents referred to herein, and <br />affidavits or certificates as to all other matters which are reasonably necessary to evidence the <br />validity of the Bonds. All such certified copies, certificates and affidavits, including any heretofore <br />furnished shall constitute recitals of the Issuer as to the correctness of all statements contained <br />therein. <br /> <br />4.3. AUTHORIZATION TO EXECUTE AGREEMENTS. The forms of the proposed Loan <br />Agreement and the Pledge Agreement are hereby approved in substantially the form on file in the <br />office of the County Auditor, together with such additional details therein as may be necessary and <br />appropriate and such modifications thereof, deletions therefrom and additions thereto as may be <br />necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, <br />and the Chair ofthe Board of County Commissioners and County Auditor of the Issuer (collectively, <br />the "Issuer Officers"), are authorized to execute the Loan Agreement and the Pledge Agreement in <br />the name of and on behalf of the Issuer and such other documents as Bond Counsel considers <br />appropriate in connection with the issuance of the Bonds. In the event of the absence or any <br />disability of any of the Issuer Officers such officers of the Issuer as, in the opinion of the Issuer's <br />attorney, may act in their behalf, shall without further act or authorization ofthe County Commission <br />do all things and execute all instruments and documents required to be done or executed by such <br />absent or disabled officers. The execution of any instrument (including the Bonds) by the appropriate <br /> <br />-6- <br />