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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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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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premium on the Bonds. However, nothing contained herein relieves any such member, officer, <br />agent or employee from the performance of any official duty provided by law. <br />SECTION 9.07. Destruction of Canceled Bonds. Whenever in this Indenture provision is <br />made for the surrender to the City of any Bonds which have been paid or canceled under the <br />provisions of this Indenture, a certificate of destruction duly executed by the Trustee shall be <br />deemed to be the equivalent of the surrender of such canceled Bonds and the City is entitled to <br />rely upon any statement of fact contained in any certificate with respect to the destruction of <br />any such Bonds therein referred to. The City will pay all costs of any microfilming of Bonds to <br />be destroyed. <br />SECTION 9.08. Notices. All written notices under this Indenture shall be given by first <br />class mail or personal delivery to the party entitled thereto at its address set forth below, or at <br />such address as the party may provide to the other party in writing from time to time. Notice is <br />effective either (a) upon transmission by facsimile transmission or other form of <br />telecommunication, (b) upon actual receipt after deposit in the United States mail, postage <br />prepaid, or (c) in any other case, upon actual receipt. The City or the Trustee may, by written <br />notice to the other parties, from time to time modify the address or number to which <br />communications are given hereunder. <br />If to the City: City of San Leandro <br />835 East 14th Street <br />San Leandro, California 94577 <br />Attention: Finance Director <br />Fax: (510) 577 -3312 <br />If to the Trustee: U.S. Bank National Association <br />One California Street, Suite 2550 <br />San Francisco, California 94111 <br />Attention: Corporate Trust Department <br />Fax: (415) 273 -4590 <br />Reference: City of San Leandro 2012 POB <br />SECTION 9.09. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase <br />of this Indenture is for any reason held illegal, invalid or unenforceable, such holding will not <br />affect the validity of the remaining portions of this Indenture. The City and the Trustee hereby <br />declare that they would have entered into this Indenture and each and every other Section, <br />paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds <br />irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or <br />phrases of this Indenture may be held illegal, invalid or unenforceable. <br />SECTION 9.10. Unclaimed Moneys. Anything contained herein to the contrary <br />notwithstanding, any money held by the Trustee in trust for the payment and discharge of the <br />interest or premium (if any) on or principal of the Bonds which remains unclaimed for two years <br />after the date when the payments of such interest, premium and principal have become <br />payable, if such money was held by the Trustee at such date, or for two years after the date of <br />deposit of such money if deposited with the Trustee after the date when the interest and <br />premium (if any) on and principal of such Bonds have become payable, shall be repaid by the <br />Trustee to the City as its absolute property free from trust, and the Trustee shall thereupon be <br />released and discharged with respect thereto and the Owners shall look only to the City for the <br />payment of the principal of and interest and redemption premium (if any) on such Bonds. <br />29 <br />
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