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Section 5.08. 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 /> LIMITATIONS ON CITY OBLIGATIONS <br /> Section 6.01. Personal Liability of Public Officials. Subject to applicable law, no <br /> employee or elected official of the City shall be personally responsible for any liability arising <br /> under or growing out of this Agreement. <br /> Section 6.02. Limitations on City Obligations. The Chapter 380 Payments made and <br /> any other financial obligation of the City hereunder shall be paid solely from lawfully available <br /> funds that have been budgeted and appropriated each year during the Term by the City as provided <br /> in 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 Chapter 380 Payments or other payments unless the City budgets and <br /> appropriates funds to make such payments during the City's fiscal year in which such Chapter 380 <br /> Payment(s) or other payments are payable under this Agreement; provided, however, that <br /> Developer, in its sole discretion, shall have the right but not the obligation to terminate this <br /> Agreement and shall have no obligation under this Agreement for the year in respect to which said <br /> unappropriated funds relate. <br /> 13 <br />