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Section 5.05. No Defaults. UWO is not in default in the performance, observance or <br />fulfillment of any of the obligations, covenants or conditions contained in any agreement or <br />instrument to which it is a party or by which it or any of its property is bound that would have any <br />material adverse effect on UWO's ability to perform under this Agreement. <br />Section 5.06. Full Disclosure. Neither this Agreement nor any schedule or Exhibit <br />attached hereto in connection with the negotiation of this Agreement contains any untrue statement <br />of a material fact or omits to state any material fact necessary to keep the statements contained <br />herein or therein, in the light of the circumstances in which they were made, from being <br />misleading. <br />ARTICLE VI <br />PERSONAL LIABILITY OF PUBLIC OFFICIALS <br />AND LIMITATIONS ON CITY OBLIGATIONS <br />Section 6.01. Personal Liability of Public Officials. No employee or elected official of <br />the City shall be personally responsible for any liability arising under or growing out of this <br />Agreement. <br />Section 6.02. Limitations on City Obligations. The Grant Payments made and any other <br />financial obligation of the City hereunder shall be paid solely from lawfully available funds that <br />have been budgeted and appropriated each fiscal year during the Term by the City as provided in <br />this Agreement. Under no circumstances shall the City's obligations hereunder be deemed to <br />create any debt within the meaning of any constitutional or statutory provision. Consequently, <br />notwithstanding any other provision of this Agreement, the City shall have no obligation or <br />liability to pay any Grant Payments or other payments unless the City budgets and appropriates <br />funds to make such payments during the City's fiscal year in which such Grant Payment(s) or other <br />payments are payable under this Agreement. If the City fails to appropriate funds for a Grant <br />9 <br />