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Finance Highlights 2011 1202
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Finance Highlights 2011 1202
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12/13/2011 6:20:44 PM
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12/13/2011 6:17:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Committee Highlights
Document Date (6)
12/2/2011
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_CC Agenda 2011 1219
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(b) The Trustee is not liable with respect to any action taken or omitted to be taken by <br />it in accordance with the direction of the Owners of a majority in aggregate principal amount of <br />the Bonds at the time Outstanding relating to the time, method and place of conducting any <br />proceeding for any remedy available to the Trustee, or exercising any trust or power conferred <br />upon the Trustee under this Indenture. <br />(c) The Trustee is not liable for any action taken by it in good faith and believed by it <br />to be authorized or within the discretion or rights or powers conferred upon it by this Indenture, <br />except for actions arising from the negligence or willful misconduct of the Trustee. The <br />permissive right of the Trustee to do things enumerated hereunder shall not be construed as a <br />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 thereof, or <br />unless and until a responsible officer of the Trustee has received written notice thereof at its <br />Office. Except as otherwise expressly provided herein, the Trustee shall not be bound to <br />ascertain or inquire as to the performance or observance of any of the terms, conditions, <br />covenants or agreements herein or of any of the documents executed in connection with the <br />Bonds, or as to the existence of an Event of Default hereunder or thereunder. The Trustee <br />shall not be responsible for the City's payment of principal and interest on the Bonds, the City's <br />observance or performance of any other covenants, conditions or terms contained herein, or <br />the validity or effectiveness of any collateral given to or held by it. Without limiting the <br />generality of the foregoing, and notwithstanding anything herein to the contrary, the Trustee is <br />not responsible for reviewing the contents of any financial statements furnished to the Trustee <br />under 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 hereunder. <br />(e) No provision in this Indenture requires the Trustee to risk or expend its own funds <br />or otherwise incur any financial liability hereunder. The Trustee is entitled to receive interest on <br />any moneys advanced by it hereunder, at the maximum rate permitted by law. <br />(f) The Trustee may establish additional accounts or subaccounts of the funds <br />established hereunder as the Trustee deems necessary or prudent in furtherance of its duties <br />under this Indenture. <br />(g) The Trustee has no responsibility or liability whatsoever with respect to any <br />information, statement, or recital in any official statement, offering memorandum or any other <br />disclosure material prepared or distributed with respect to the Bonds, nor shall the Trustee have <br />any obligation to review any such material, and any such review by the Trustee will not be <br />deemed to create any obligation, duty or liability on the part of the Trustee. <br />(h) Before taking any action under Article VIII hereof the Trustee may require <br />indemnity satisfactory to the Trustee be furnished to it to hold the Trustee harmless from any <br />expenses whatsoever and to protect it against any liability it may incur hereunder. <br />(i) The immunities extended to the Trustee also extend to its directors, officers, <br />employees and agents. <br />(j) The permissive right of the Trustee to do things enumerated in this Indenture shall <br />not be construed as a duty. <br />18 <br />
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