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two Weekly Increments of the accompanying Proposed Budget shall be deemed <br /> to be an "Approved Budget." The first two Weekly Increments of the Initial <br /> Budget is an Approved Budget. Once a Funding Request is approved,Plaintiffs <br /> shall remit to the Receiver by wire transfer the amount set forth in the Funding <br /> Request by 2:00 p.m.Mountain Time of the immediately following Monday(or <br /> the next business day, if Monday is a holiday) ("Funding Deadline"). <br /> c. If the Plaintiffs decline to fund any Funding Request or any portion thereof or <br /> fails to fully fund a Funding Request by the applicable Funding Deadline, the <br /> Receiver may immediately stop work and seek its immediate discharge for good <br /> cause("Non-Funding Termination")which may be heard on an expedited basis. <br /> d. The Proposed Budget shall include the sum of$50,000 which the Receiver may <br /> retain for a period of up to 120 days after the completion of the Receiver's work <br /> (or such longer or shorter period as the court may direct),to pay, as necessary, <br /> the costs of the final accounting, managing wind down issues and the <br /> preparation for,and appearance at,a hearing(s)on a motion(s)to obtain an order <br /> discharging the Receiver, etc. Funds held but which are ultimately unused by <br /> the Receiver shall be returned to Plaintiffs or be otherwise applied pursuant to <br /> order of the Court. <br /> (w) that the Receiver is directed to file with the Court and serve on parties of record, <br /> within 30 days of entry of the order of the Court, and not less than quarterly thereafter, and <br /> within 60 days after termination of the receivership, full and complete reports, detailing receipts, <br /> disbursements and transactions affecting the OSM Collateral; <br /> (x) that the Receiver is directed to post a surety bond in the amount of$25,000,the <br /> cost of which shall be an expense of the receivership; <br /> (y) that it is ordered that no person or entity may file suit against the Receiver, in his <br /> capacity as Receiver,unless otherwise authorized in advance by this Court; <br /> (z) that the Receiver is authorized,in his discretion,to hire agents,managers, entities, <br /> and/or consultants as she believes are reasonably necessary to perform her duties as receiver <br /> herein; <br /> (aa) that the Receiver, and those agents and any property manager acting under his <br /> control,have no personal liability in connection with any obligations owed by the Borrowers to <br /> their respective creditors; <br /> (bb) that the Receiver, and those agents and property managers identified above acting <br /> under his control,have no personal liability in connection with their conduct in the course of this <br /> receivership, except for claims due to their gross negligence, gross or willful misconduct, <br /> malicious acts, and/or conduct beyond this scope of orders of this Court; <br /> 11 <br /> USA.605462236.2/ZP9 <br />