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(g) Amounts Payable under Performance Agreement. The Company shall pay to the Person or Persons entitled thereto, the amounts which the Company has agreed to pay under the Performance Agreement. (h) Other Amounts Payable. The Company shall pay to the Person or Persons entitled thereto, any other amounts which the Company has agreed to pay under this Lease Agreement or which the Company is required to pay under the Indenture or any other Financing Document. Section 4.4. Obligations Absolute and Unconditional. The obligations of the Company under this Lease Agreement are absolute and unconditional obligations of the Company, and the full faith and credit of the Company is pledged to the payment of all amounts due and payable by the Company under this Lease Agreement. The Company shall pay all such amounts due and payable under this Lease Agreement using any and all available resources of the Company, as necessary. The Company shall pay all Lease Payments and other payments due under this Lease Agreement and perform its obligations, covenants and agreements under this Lease Agreement, without notice or demand, and without abatement, deduction, set-off, counterclaim, recoupment, discrimination or defense or any right of termination or cancellation arising from any circumstances whatsoever, including, without limiting the generality of the foregoing, failure of the Company to complete the acquisition, improving and equipping of the Project, the occurrence of any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, destruction of or damage to the Project, the taking by eminent domain of title to or temporary use of any or all of the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State or any political subdivision of either thereof or any failure of the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability or obligation arising out of or connected with this Lease Agreement, and regardless of the invalidity of any portion of this Lease Agreement. To the extent permitted by law, the Company waives the provisions of any statute or other law now or hereafter in effect contrary to any of its obligations, covenants or agreements under this Lease Agreement or which releases or purports to release the Company therefrom. Nothing in this Lease Agreement shall be construed as a release of the Issuer from its obligations hereunder or waiver by the Company of any rights or claims the Company may have against the Issuer or the Trustee under this Lease Agreement or otherwise, but any recovery upon such rights or claims shall be had from the Issuer and the Trustee separately, it being the intent of this Lease Agreement that the Company shall be absolutely and unconditionally obligated to perform fully all of its obligations, agreements and covenants under this Lease Agreement for the benefit of the owners of the Bonds. Section 4.5. Assignment of Issuer's Rights. Under the Indenture, the Issuer has pledged, assigned, transferred in trust and granted a security interest to the Trustee in all of the Issuer's rights, title and interest under this Lease Agreement (except for the Issuer's rights to payment of its fees and expenses and the Issuer's right to indemnification in certain circumstances expressly set forth in this Lease Agreement) as security for the Bonds, and such rights, title and interest may be exercised, protected and enforced for or on behalf of the owners of the Bonds in conformity with this Lease Agreement and the Indenture. The Trustee is hereby given the right to enforce, as assignee of the Issuer, the performance of the obligations of the Company under this Lease Agreement, and the Company hereby consents to the same and agrees that the Trustee may enforce such rights as provided in this Lease Agreement and in the Indenture. This Lease Agreement recognizes that the Trustee is a third party creditor-beneficiary of this Lease Agreement. Section 4.6. Assignment of Company's Rights Under Lease Agreement. The Issuer acknowledges that the Company has assigned its rights under this Lease Agreement to the Bank as 2164784 -12-