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as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, <br />rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of <br />creditors generally, as in effect from time to time. <br />Section 5.04. No Defaults. To the actual knowledge of the individual signing this <br />Agreement, the persons authorizing this Agreement, and the Amazon representatives that <br />negotiated this Agreement, Amazon 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 Amazon is a party or by which Amazon or any of its property is bound that <br />would have any material adverse effect on Amazon's ability to perform under this Agreement. <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 Incentive Payment 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 year during the Term by the City as provided in this <br />Agreement. Under no circumstances shall the City's obligations hereunder be deemed to create <br />any debt within the meaning of any constitutional or statutory provision. <br />ARTICLE VII <br />MISCELLANEOUS <br />7 <br />