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<br />. <br /> <br />e <br /> <br />....... <br />- <br /> <br />'. <br /> <br />e <br /> <br />e <br /> <br />. <br /> <br />e <br /> <br />. <br />., <br /> <br />e <br /> <br />e <br /> <br />or damage to any property (including, but not limited to, persons <br />employed by the Corporation, the Unit, the User or any other person and <br />all property owned or claimed by the Corporation, the Unit, the User, <br />any affiliate of the User or any other person) or involving damages <br />relating to the issuance, offering, sale or delivery of the Bonds <br />brought against any Indemnified Party or to which any Indemnified Party <br />is a party, even if groundless, false or fraudulent, that directly or <br />indirectly result from, arise out of or relate to the issuance, <br />offering, sale or delivery of the Bonds or the design, construction, <br />installation, operation, use, occupancy, maintenance or ownership of the <br />Project or any part thereof. The obligations of the User shall apply to <br />all Losses or Claims, or both, that result from, arise out of or are <br />related to any event, occurrence, condition or relationship prior to <br />termination of this Agreement to Issue Bonds, whether such Losses or <br />Claims, or both, are asserted prior to termination of this Agreement to <br />Issue Bonds or thereafter. None of the Indemnified Parties shall be <br />liable to the User for, and the User hereby releases each of them from <br />all liability to the User for, all injuries, damages or destruction of <br />all or any part or parts of any property owned or claimed by the User <br />that directly or indirectly result from, arise out of or relate to the <br />design, construction, operation, use, occupancy, maintenance or <br />ownership of the Project or any part ,thereof, even if such injuries, <br />damages or destruction directly or indirectly result from, arise out of <br />or relate to, in whole or in part, one or more negligent acts or <br />omissions of the Indemnified Parties in connection with the issuance of <br />the Bonds or in connection with the Project. Each Indemnified Party, as <br />appropriate, shall reimburse the User for payments made by the User to <br />the extent of any proceeds, net of all expenses of collection, actually <br />received by them from any insurance with respect to the Loss sustained. <br />Each Indemnified Party, as appropriate, shall have the duty to claim any <br />such insurance proceeds and the Indemnified Party, as appropriate, shall <br />assign its respective rights to such proceeds, to the extent of such <br />required reimbursement, to the User. In case any action shall be <br />brought or to the knowledge of any Indemnified Party, threatened against <br />any of them in respect of which indemnity may be sought against the <br />User, the Indemnified Party shall promptly notify the User in writing <br />and the User shall have the right to assume the investigation and <br />defense thereof, including the employment of counsel and the payment of <br />all expenses. The Indemnified Party shall have the right to employ <br />separate counsel in any such action and participate in the investigation <br />and defense thereof, but the fees and expenses of such counsel shall be <br />paid by the Indemnified Party unless (a) the employment of such counsel <br />has been specifically authorized by the User, in writing, (b) the User <br />has failed to assume the defense and to employ counselor (c) the named <br />parties to any such action (including any impleaded parties) include <br />both an Indemnified Party and the User, and said Indemnified Party shall <br />have been advised by such counsel that there may be one or more legal <br /> <br />-5- <br />