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Section 9. Application for Private Activity Bond Allocation. The Planning Director of thc City is hereby authorized to file in an Application for Private Activity Bond Allocation with the Director of the Department of Economic Development in accordance with Section 108.510 of the Missouri Revised Statutes. Section 10. Indemnity. The Borrower will agree (i) to indemnify and hold the City harmless against liability with respect to any destruction of or damages to property or any injury to or death of any person or persons occurring in connection with the Project (other than liability for any loss or damages that may result from wanton misconduct or from intentional wrongful acts of the City), and (ii) to pay the regular fees and charges of the City for its services in connection with financing the Project as well as all of its expenses, including without limitation attorney's fees, in connection therewith. Section 11. Limited Liability. Any provision hereof to the contrary notwithstanding, nothing herein contained shall be construed to impose a charge against the general credit of the City or the State of Missouri or to impose any pecuniary liability upon the City or the State of Missouri except with respect to the proper application of the proceeds to be derived by the City or the State of Missouri from the sale of the Bonds and of the revenues and receipts to be derived by the City from any financing, leasing or sale of the Project. Nothing herein shall be deemed to restrict the City or the State of Missouri or any agency or any political subdivision thereof in determining the order or priority of the issuance of bonds by the City or to require the City to give the Bonds priority as to issuance or as in the time of issuance over any other bonds previously or subsequently approved by the City for issue. Section 12. Further Authority. Counsel to the City, together with the officers and employees of the City, are hereby authorized to work with the Borrower and the purchaser or purchasers of the Bonds, their respective counsel and others, to prepare for submission to and final action by the City all documents necessary to effect the authorization, issuance and sale of the Bonds and other actions contemplated hereunder in connection with the financing of the Project. Section 13. Benefit of Resolution. This Resolution shall inure to the benefit of the City and the Borrower and their respective successors and assigns. Section 14. Effective Date. This Resolution shall take effect and be in full force immediately after its adoption by the City Council of the City of University City, Missouri. ADOPTED by the City Council of the City of University City, Missouri this 18th day of August, 2003. CITY OF UNIVERSITY CITY, MISSOURI Cl~k~~ 2162319 - 3 -