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<br />-9- <br />or implied, or any duty, liability or obligation arising out of or connected with the Indenture or this <br />Agreement. <br /> <br />The foregoing provisions of this Section 4.6 do not release the Authority from the <br />performance of any of the agreements on its part contained herein or in the Indenture, and if the <br />Authority fails to perform any such agreements, the City may institute such action against the <br />Authority as the City deems necessary to compel performance, so long as such action does not <br />abrogate the obligations of the City contained in the preceding paragraph. The City may, <br />however, at its cost and expense and in its name or in the name of the Authority, prosecute or <br />defend any action or proceeding or take any other action involving third persons which the City <br />deems reasonably necessary in order to secure or protect the City’s rights hereunder, and in <br />such event the Authority shall cooperate fully with the City and shall take such action necessary <br />to effect the substitution of the City for the Authority in such action or proceeding as the City <br />may request. <br /> <br />SECTION 4.7. Additional Payments. In addition to the Installment Payments, the City <br />shall pay when due the following amounts to the following parties: <br /> <br />(a) to the Authority, all costs and expenses incurred by the Authority <br />to comply with the provisions of this Agreement and the Indenture; <br /> <br />(b) to the Trustee upon request therefor, all of its fees, costs and <br />expenses payable as a result of the performance of and compliance with its <br />duties hereunder or under the Indenture or any related documents; <br /> <br />(c) to the Authority and the Trustee, all amounts required to indemnify <br />the Authority and the Trustee under Section 5.2 hereof and Section 8.07 of the <br />Indenture; and <br /> <br />(d) all costs and expenses of auditors, engineers and accountants for <br />professional services relating to the Water System or the Bonds. <br /> <br />The Additional Payments shall be payable from, but shall not be secured by a pledge or <br />lien upon, the Net Revenues. The rights of the Trustee and the Authority under this Section 4.7, <br />and the obligations of the City under this Section 4.7, shall survive the termination of this <br />Agreement. <br /> <br /> <br />Page 84 of 205