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of the Housing Project, including, but not limited to, the fees and expenses of Bond Counsel, <br />counsel to the Authority, and the agent or underwriter for the sale of the Bonds, shall be paid <br />from the proceeds of the Bonds or from funds of the Developer. If for any reason such <br />Bonds are not issued, it is understood that all such expenses shall be forthwith paid by the <br />Developer and that the Authority shall have no responsibility or liability therefor. <br /> <br />The Bonds, if issued, shall provide that neither the City of Portsmouth, Virginia (the "City") <br />nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs <br />incident thereto except from the revenues and monies pledged therefor, and neither the faith <br />or credit nor the taxing power of the Commonwealth of Virginia, the City or the Authority <br />shall be pledged thereto. <br /> <br />I0. The Authority, including its Commissioners, officers, employees and agents, shall not be <br />liable and hereby disclaims all liability to any person for any damages, direct or <br />consequetial, resulting from the Authority's failure to issue Bonds for the Housing Project <br />for any reason. <br /> <br />11. The Authority by adoption of this Resolution expressly takes no action with regard to any <br />limitations on the tax-exempt status of its notes or bonds for federal income tax purposes and <br />by accepting and proceeding under the authority of this Resolution, the Developer agrees to <br />assume the risk that the notes or bonds may not qualify for tax-exempt status for federal <br />income tax purposes. Nothing contained in this section shall operate as or be deemed to be <br />a condition precedent to or limitation on the approval of the issuance of the Bonds and the <br />plan of financing for the Housing Project for purposes of the Code, or for purposes of the <br />Authority's declaration "official intent" to issue the Bonds. <br /> <br />12. Except as modified hereby, the Inducement Resolution of the Authority adopted on July 2, <br />1996, and extended by resolution adopted December 15, 1997, is hereby ratified and <br />confirmed in every respect in connection with the Authority's issuance and sale of the Bonds <br />to assist in the financing of the Developer's acquisition, rehabilitation, construction and <br />equipping of the Housing Project. <br /> <br />13. All other acts of the officers of the Authority which are in conformity with the purposes and <br />intent of the Inducement Resolution as amended hereby and in furtherance of the preparation <br />and issuance of the Bonds are hereby approved and confirmed. <br /> <br />14. This Resolution shall expire on midnight, March 2. t999, unless extended by appropriate <br />action taken by this Board of Commissioners. <br /> <br />15. This Resolution shall take effect immediately upon its adoption. <br /> <br /> The undersigned officer of the Portsmouth Redevelopment and Housing Authority hereby <br />certifies that the foregoing is a true, correct and complete copy of the Resolution adopted by the <br /> <br /> <br />