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(c)Upon the occurrence of any Event of Default, the WIFIA Lender, by written <br />notice to the Borrower, may exercise any or all of the following remedies: <br />(i)the WIFIA Lender may suspend or terminate all of its obligations <br />hereunder with respect to the disbursement of any undisbursed amounts of the WIFIA <br />Loan; <br />(ii)the WIFIA Lender may apply the Default Rate provisions of Section <br />6 (Interest Rate); <br />(iii)the WIFIA Lender may suspend or debar the Borrower from further <br />participation in any Government program administered by the WIFIA Lender and to notify <br />other departments and agencies of such default; <br />(iv)the WIFIA Lender may notify the financial market credit rating <br />agencies and potential creditors of the occurrence of such an Event of Default; and/or <br />(v)the WIFIA Lender shall be entitled and empowered to institute any <br />actions or proceedings at law or in equity for the collection of any sums due and unpaid <br />hereunder or under the WIFIA Bond or the other WIFIA Loan Documents, and may <br />prosecute any such judgment or final decree against the Borrower and collect in the manner <br />provided by law out of the property of the Borrower the moneys adjudged or decreed to be <br />payable, and the WIFIA Lender shall have all of the rights and remedies of a creditor and <br />may take such other actions at law or in equity as may appear necessary or desirable to <br />collect all amounts payable by Borrower under this Agreement, the WIFIA Bond or the <br />other WIFIA Loan Documents then due and thereafter to become due, or to enforce <br />performance and observance of any obligation, agreement or covenant of the Borrower <br />under this Agreement, the WIFIA Bond or the other WIFIA Loan Documents. <br />(d)No action taken pursuant to this Section 17 shall relieve Borrower from its <br />obligations pursuant to this Agreement, the WIFIA Bond or the other WIFIA Loan Documents, all <br />of which shall survive any such action. <br />ARTICLE VII <br />MISCELLANEOUS <br />Section 18.Disclaimer of Warranty. The WIFIA Lender makes no warranty or <br />representation, either express or implied, as to the value, design, condition, merchantability or <br />fitness for a particular purpose or fitness for use of the Project or any portion thereof or any other <br />warranty with respect thereto. In no event shall the WIFIA Lender be liable for any incidental, <br />indirect, special or consequential damages incidental to or arising out of this Agreement, the <br />System, or the Project or the existence, furnishing, functioning or use of the Project or any item or <br />products or services provided for in this Agreement. <br />Section 19.No Personal Recourse. No official, employee or agent of the WIFIA Lender <br />or the Borrower or any Person executing this Agreement or any of the other WIFIA Loan <br />53 <br /> <br />