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<br />statements contained herein or therein, in the light of the circumstances in which they were <br />made, from being misleading. <br /> Section 5.06. Sharing of Grant Payment with Tenant. On or before the date the <br />first Grant Payment is paid by the City Company shall have entered into an agreement with <br />Tenant regarding the manner in which Tenant shall receive or otherwise benefit from the <br />payment of Grant Payments to Company as a condition of receiving a Grant Payment from <br />the City. A copy of such agreement shall be provided to the City before the first Grant <br />Payment will be paid. <br />ARTICLE VI <br />PERSONAL LIABILITY OF PUBLIC OFFICIALS <br />AND LIMITATIONS ON CITY OBLIGATIONS <br /> <br />Section 6.01. Personal Liability of Public Officials. No employee or elected <br />official of the City shall be personally responsible for any liability arising under or growing <br />out of this Agreement. <br />Section 6.02. Limitations on City Obligations. The Grant Payments made and <br />any other financial obligation of the City hereunder shall be paid solely from lawfully <br />available funds that have been budgeted and appropriated each applicable fiscal\] year <br />during the Term by the City as provided in this Agreement. Under no circumstances shall <br />constitutional or statutory provision. Consequently, notwithstanding any other provision <br />of this Agreement, the City shall have no obligation or liability to pay any Grant Payments <br />or other payments unless the City budgets and appropriates funds to make such payments <br />under this Agreement. If the City fails to appropriate funds for a Grant Payment, Company <br /> <br /> <br />