disposal of all Hazardous Materials located on any property of the Company; (B) any claims, suits, or
liabilities against the Company; and (C) the failure to pay any taxes as and when due. The foregoing
indemnities shall not apply with respect to an Indemnitee to the extent arising as a result of the gross
negligence or willful misconduct of such Indemnitee. The indemnification provided for hereunder shall
survive the termination of this Agreement.
SECTION 10.09. [Intentionally Omitted]
SECTION 10.10. Patriot Act Notice. CoBank hereby notifies the Company that pursuant to
the requirements of the USA Patriot Act, Title III of Pub. L. 107-56 (signed into law October 26, 2001)
(the “Patriot Act”), it and its affiliates are required to obtain, verify and record information that identifics
the Company, which information includes the name, address, tax identification number and other
information regarding the Company that will allow CoBank to identify the Company in accordance with
the Patriot Act. This notice is given in accordance with the requirements of the Patriot Act and is
effective for CoBank and its affiliates.
SECTION 10.11. Counterparts; Electronic Delivery. Counterparts. This Agreement
may be executed in any number of counterparts and by different parties to this Agreement in separate
counterparts, each of which when so executed shall be deemed to be an original and all of which taken
together shall constitute one and the same Agreement. In addition, if agreeable to CoBank, signature
pages may be delivered by facsimile.
SECTION 10.12. Successors and Assigns. This Agreement and the other Loan
Documents shall be binding upon and inure to the benefit of the Company and CoBank and their
respective successors and assigns, except that the Company may not assign or transfer its rights or
obligations under this Agreement or the other Loan Documents without the prior written consent of
CoBank. CoBank may sell or assign its rights and obligations hereunder and under the other Loan
Documents or may sell participations in its rights and obligations hereunder and under the Loan
Documents to any Person, and, in connection therewith, disclose financial and other information on the
Company and its Affiliates. Patronage distributions in the event of a sale shall be governed by CoBank’s
bylaws and capital plan (as each may be amended from time to time). A sale of a participation interest
may include certain voting rights of the participants regarding the loans hereunder (including without
limitation the administration, servicing and enforcement thereof). CoBank agrees to give written
notification to the Company of any sale hereunder.
SECTION 10.13. Headings. Captions and headings used in this Agreement are for reference
and convenience of the parties only, and shall not constitute a part of this Agreement.
EN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers as of the date shown above.
By “ a . i : .
antes i Gong ce ania re C |
Title: — “EES ET LU rile as - a :
Trene Matin
16
