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The City will not permit any part of the Enterprise, or any facility thereof, to be
<br />used, or taken advantage of, free of charge by any person, firm or corporation, or by any
<br />public agency (including the United States of America, the State of California and any public
<br />Authority, political subdivision, city, county, district or agency of any thereof), excepting only
<br />that the City may without charge use the services and facilities of the Enterprise.
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<br /> Section 5.16. Eminent Domain Proceeds.
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<br /> Any amounts received as awards as a result of the taking of all or any part of
<br />the Enterprise by the lawful exercise of eminent domain, if and to the extent that such right
<br />can be exercised against such property of the City, shall either (a) be used for the acquisition
<br />or construction of improvements to the Enterprise, or (b) be applied to pay or prepay the
<br />Installment Payments and any Parity Bonds of Contracts in the manner provided herein and in
<br />the instruments authorizing such Parity Bonds or Contracts.
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<br /> Section 5.17. Further Assurances.
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<br /> The City will adopt, deliver, execute and make any and all further assurances,
<br />instruments and resolutions as may be reasonably necessary or proper to carry out the
<br />intention or to facilitate the performance hereof and for the better assuring and confirming
<br />unto the Authority of the rights and benefits provided to it herein.
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<br /> Section 5.18. Release and Indemnification Covenants.
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<br /> The City shall and hereby agrees to indemnify and save the Trustee and the
<br /> Authority, their officers, directors, agents, employees, successors or assigns harmless from and
<br /> against all claims, losses and damages, including legal fees and expenses, arising out of (i) the use,
<br /> maintenance, condition or management of, or from any work or thing done on, the Project by the
<br /> City, (ii) any breach or default on the part of the City in the performance of any of the City's
<br /> obligations under the Installment Purchase Contract or the Trust Agreement, (iii) any act of
<br /> negligence of the City or of any of its contractors, servants, employees or licensees with respect
<br /> to the Project, (iv) any act of negligence of any assignee or sublessee of the City, or of any agents,
<br /> contractors, servants, employees or licensees of the assignee or sublessee of the City with respect
<br /> to the Project, or (v) the Acquisition of the Project or authorization of payment of the costs of the
<br /> Acquisition of the Project, to the extent permitted by iaw. Indemnification for any tort mentioned
<br /> in this Section shall be limited to the extent and in the amounts provided for by this Section or
<br /> elsewhere in the Installment Purchase Contract for willful misconduct or negligence under the
<br /> Trust Agreement by the Trustee, and the Authority, their officers, agents, employees, successors
<br /> or assigns. The City further covenants and agrees to indemnify and save the Trustee and the
<br /> Authority harmless against any claim, loss, expense, advance, and liabilities which they may incur
<br /> arising out of or in the exercise and performance of their powers and duties under the Trust
<br /> Agreement and the Installment Purchase Contract, including the costs and expenses (including
<br /> attorneys fees and disbursements) of defending against any claim of liability or enforcing any
<br /> remedies, and which are not due to their negligence or willful misconduct. The City further
<br /> covenants and agrees to advance to the Trustee and the Authority the amounts requested as the
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