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2300 S IH 35, 2"d Floor <br /> Round Rock, Texas 78681 <br /> Attention: Ryan Hazlett <br /> Telephone: (512) 704-5639 <br /> Email: Ryan.Hazlett@wellsfargo.com <br /> The Purchaser may in its sole discretion rely on any notice (including telephone <br /> communication or e-mail communication)purportedly made by or on behalf of the Authority,but <br /> it shall have no duty to accept any notice not given as prescribed in this Section and shall have no <br /> duty to verify the identity or authority of the Person giving such notice, unless such actions or <br /> omissions would amount to gross negligence or intentional misconduct. <br /> Section 7.04. Severability. Any provision of this Agreement which is prohibited, <br /> unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to <br /> the extent of such prohibition, unenforceability or nonauthorization without invalidating the <br /> remaining provisions hereof or affecting the validity, enforceability or legality of such provision <br /> in any other jurisdiction. <br /> Section 7.05. Governing Law; Waiver of Jury Trial. (a) This Agreement shall be <br /> governed by, and construed in accordance with, the laws of the State without giving effect to <br /> conflicts of laws provisions. <br /> (b) To the extent permitted by applicable law,each of the parties hereto hereby <br /> waives its right to a jury trial of any claim or cause of action based upon or arising out of <br /> this Agreement, the other Related Documents or any of the transactions contemplated <br /> hereby or thereby, including contract claims, tort claims, breach of duty claims, and all <br /> other common law or statutory claims. <br /> Section 7.06. Complete and Controlling Agreement. This Agreement and the other <br /> Related Documents completely set forth the agreements between the Purchaser and the Authority <br /> and fully supersede all prior agreements, both written and oral, between the Purchaser and the <br /> Authority relating to all matters set forth herein and in the other Related Documents. <br /> Section 7.07. Indemnification. In addition to any and all rights of reimbursement, <br /> indemnification, subrogation or any other rights pursuant hereto or under law or equity, the <br /> Authority hereby agrees (to the extent permitted by State law)to indemnify and hold harmless the <br /> Purchaser and its officers, directors and agents (each, an "Indemnitee") from and against any and <br /> all claims, damages, losses, liabilities, reasonable costs or expenses whatsoever (including <br /> reasonable attorneys' fees) which may incur or which may be claimed against an Indemnitee by <br /> any Person or entity whatsoever(collectively,the "Liabilities")by reason of or in connection with <br /> (a)the execution and delivery of, or payment or failure to pay under,this Agreement or any other <br /> Related Document; (b)the issuance and sale of the Note; and (c)the use of the proceeds of the <br /> Note;provided that the Authority shall not be required to indemnify an Indemnitee for any claims, <br /> damages, losses, liabilities, costs or expenses to the extent, but only to the extent, caused by the <br /> willful misconduct or negligence of such Indemnitee. The obligations of the Authority under this <br /> Section shall survive the payment of the Note and the termination of this Agreement. <br /> 16 <br />