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2009-12-02
CITY-OF-BATESVILLE
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2009-12-02
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• The Authority: Arkansas Development Finance Authority <br /> Technology Center <br /> 423 Main Street, Suite 500 <br /> Little Rock, Arkansas 72201 <br /> Attention: Vice President for Finance <br /> and Administration <br /> 14. All representations and warranties of the Issuer contained herein shall <br /> remain operative and in full force and shall survive (a) the execution and delivery of this <br /> Agreement, (b) any investigation made by or on behalf of the Commission or the Authority, (c) <br /> the purchase of the Bond hereunder, and (d) any disposition of or payment for the Bond. <br /> 15. Any audit or review of plans and specifications and any inspection of the <br /> work shall be for the Commission's convenience only in order to determine that they are within <br /> the approved scope of the Project. No such review and inspection, approvals, and disapprovals <br /> shall be an undertaking by the Commission of responsibility for design or construction. <br /> 16. Neither the Commission nor the Authority is a partner,joint venturer, or in <br /> any other way a party to the Project or the operation of the wastewater facilities of the Issuer. <br /> Neither.the Commission nor the Authority shall in any way be liable or responsible by reason of <br /> the provisions hereof to the Issuer or any third party for the payment of any claims in connection <br /> therewith. <br /> • 17. The Authority agrees that it will invest the monthly payments made by the <br /> Issuer until applied to the semiannual interest and principal payments due on the Bond, and <br /> semiannually to credit interest accruing on such monthly payments against the next six monthly <br /> principal and interest payments due from the Issuer and to notify the Issuer in writing of such <br /> credit. <br /> 18. This Agreement may be executed in any number of counterparts with each <br /> executed counterpart constituting an original but all of which together shall constitute one and <br /> the same instrument. <br /> 19. This Agreement will inure to the benefit of and be binding upon the <br /> parties hereto and their successors and will not confer any rights upon any other person. This <br /> Agreement shall be governed by and construed in accordance with the laws of the State of <br /> Arkansas. <br /> • <br /> 9 <br />
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