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(i~ this Agreement constitutes the legal, v'dfid and binding obligation <br />of the Borrower enforceable in accordance with its terms, except as such enforceability may be <br />limited by bankruptcy, insolvency, reorganization, moratorium, receivership or other similar laws <br />relating to or limiting the enforceability of creditors' rights generally, or general equitable <br />principles regardless of whether such enforceability is considered in a proceeding at law or in <br />equity; <br />(iv) the execution, delivery and performance of this Agreement by the <br />Borrower does not and will not result in a breach or violation of, or cause a default under its <br />charter or bylaws or any provision of any law, regulation, order, indenture, contract or agreement <br />binding upon the Borrower; <br />(v) it is authorized by the Resolutions and C.R.S. § 11-57-214 to make <br />the investements pursuant to the Loan Contract and contemplated by this Agreement on the terms <br />hereunder; <br />(vi) it understands that neither INC nor any person representing INC <br />has made any representation to it with respect to INC or the offering or sale of this Agreement or <br />the Policy other than as set forth herein; <br />~ w <br />(vii) it has ad~ ' o such financial and other information <br />concerning INC and the Insurer as it as deemed s~n connection with its decision to <br />invest the Amounts Invested hereu '~ ~ <br />~ <br />(viii) it i ot investing in this Agreement or the Policy with a view to <br />any distribution thereof in violation of the Securities Act of 1933. <br />6.2 Re~resentations and Warranties of INC. <br />INC represents and warrants to the Borrower that: <br />(i) it is duly authorized to enter into this Agreement and the <br />transactions contemplated hereby; <br />(ii) this Agreement constitutes the legal, valid and binding obligation <br />of INC enforceable in accordance with its terms, except as such enfarceability may be limited by <br />bankruptcy, insolvency, reorganization, moratorium, receivership or other similar laws relating to <br />or limiting the enforceability of creditors' rights generally, or general equitable principles, in a <br />proceeding at law or in equity; and <br />(iii) the execution, delivery and performance of this Agreement by <br />ING does not and will not result in a breach or violation of or cause a default under, its charter or <br />by-laws or any provision of any law, agreement, instrument, judgment, injunction or order <br />applicable to or binding upon INC. <br />Article 7. Obli~ations of INC. <br />7.1 Limitation on IIVC's Liability. <br />In no event shall the performance of its obligations under this Agreement <br />impose upon INC, or upon any director, o~cer, employee, agent or representative thereof, any <br />This document is incorporated <br />into the contract b~ refr'r~ ~ r~ <br />