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Finance Highlights 2011 0909
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Finance Highlights 2011 0909
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9/13/2011 5:38:30 PM
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9/13/2011 5:37:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
9/9/2011
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_CC Agenda 2011 0919
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0919
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SECTION 6.03. Liability of Trustee. <br />(a) The recitals of facts herein and in the Bonds contained shall be taken as <br />statements of the City, and the Trustee assumes no responsibility for the correctness of <br />the same, nor does it have any liability whatsoever therefor, nor does it make any <br />representations as to the validity or sufficiency of this Indenture or of the Bonds nor <br />does it incur any responsibility in respect thereof, other than as expressly stated herein. <br />The Trustee is, however, be responsible for its representations contained in its <br />certificate of authentication on the Bonds. The Trustee is not liable in connection with <br />the performance of its duties hereunder, except for its own negligence or willful <br />misconduct. The Trustee is not liable for the acts of any agents of the Trustee selected <br />by it with due care. The Trustee may become the Owner of Bonds with the same rights <br />it would have if they were not Trustee and, to the extent permitted by law, may act as <br />depository for and permit any of its officers or directors to act as a member of, or in any <br />other capacity with respect to, any committee formed to protect the rights of the Owners, <br />whether or not such committee shall represent the Owners of a majority in principal <br />amount of the Bonds then Outstanding. The Trustee, either as principal or agent, may <br />engage in or be entrusted in any financial or other transaction with the City. <br />(b) The Trustee is not liable with respect to any action taken or omitted to be <br />taken by it in accordance with the direction of the Owners of a majority in aggregate <br />principal amount of the Bonds at the time Outstanding relating to the time, method and <br />place of conducting any proceeding for any remedy available to the Trustee, or <br />exercising any trust or power conferred upon the Trustee under this Indenture. <br />(c) The Trustee is not liable for any action taken by it in good faith and <br />believed by it to be authorized or within the discretion or rights or powers conferred upon <br />it by this Indenture, except for actions arising from the negligence or willful misconduct <br />of the Trustee. The permissive right of the Trustee to do things enumerated hereunder <br />shall not be construed as a mandatory duty. <br />(d) The Trustee will not be deemed to have knowledge of any Event of Default <br />hereunder unless and until a responsible officer of the Trustee has actual knowledge <br />thereof, or unless and until a responsible officer of the Trustee has received written <br />notice thereof at its Office. Except as otherwise expressly provided herein, the Trustee <br />shall not be bound to ascertain or inquire as to the performance or observance of any of <br />the terms, conditions, covenants or agreements herein or of any of the documents <br />executed in connection with the Bonds, or as to the existence of an Event of Default <br />hereunder or thereunder. The Trustee shall not be responsible for the City's payment of <br />principal and interest on the Bonds, the City's observance or performance of any other <br />covenants, conditions or terms contained herein, or the validity or effectiveness of any <br />collateral given to or held by it. Without limiting the generality of the foregoing, and <br />notwithstanding anything herein to the contrary, the Trustee is not responsible for <br />reviewing the contents of any financial statements furnished to the Trustee under <br />Section 5.05 and may rely conclusively on the Certificate of the City accompanying such <br />financial statements to establish the City's compliance with its financial covenants <br />hereunder. <br />(e) No provision in this Indenture requires the Trustee to risk or expend its own <br />funds or otherwise incur any financial liability hereunder. The Trustee is entitled to <br />17 <br />
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