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-40- <br />The Successor Agencyacknowledges that to the extent regulations of the Comptroller of <br />the Currency or other applicable regulatory entity grant the Successor Agencythe right to <br />receive brokerage confirmations of security transactions as they occur, the Successor Agency <br />specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will <br />furnish the Successor Agencyperiodic cash transaction statements which shall include detail for <br />all investment transactions made by the Trustee hereunder. <br />All moneys held by the Trustee shall be held in trust, but need not be segregated from <br />other funds unless specifically required by this Indenture. Except as specifically provided in this <br />Indenture, the Trustee shall not be liable to pay interest on any moneys received by it, but shall <br />be liable only to account to the Successor Agencyfor earnings derived from funds that have <br />been invested. <br />The Successor Agencycovenants that all investments of amounts deposited in any fund <br />or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of <br />the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and <br />valued (as of the date that valuation is required by this Indenture or the Code) at Fair Market <br />Value. The Trustee has no duty in connection with the determination of Fair Market Value other <br />than to follow the investment directions of the Successor Agency in any Written Certificate or <br />Written Request of the Successor Agency. <br />For purposes of this Section 6.07, the term “Fair Market Value” shall mean the price at <br />which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s <br />length transaction (determined as of the date the contract to purchase or sell the investment <br />becomes binding) if the investment is traded on an established securities market (within the <br />meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the <br />acquisition price in a bona fide arm’s length transaction (as referenced above) if (i) the <br />investment is a certificate of deposit that is acquired in accordance with applicable regulations <br />under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or <br />reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed <br />investment contract, a forward supply contract or other investment agreement) that is acquired <br />in accordance with applicable regulations under the Code, or (iii) the investment is a United <br />States Treasury Security --State and Local Government Series which is acquired in accordance <br />with applicable regulations of the United States Bureau of Public Debt. <br />Section 6.08. Accounting Records and Financial Statements. The Trustee shall at all <br />times keep, or cause to be kept, proper books of record and account, prepared in accordance <br />with industry standards, in which accurate entries shall be made of all transactions of the <br />Trustee relating to the proceeds of the Bonds made by it and all funds and accounts held by the <br />Trustee established pursuant to this Indenture. Such books of record and account shall be <br />available for inspection by the Successor Agencyupon reasonable prior notice, at reasonable <br />hours and under reasonable circumstances. The Trustee shall furnish to the Successor <br />Agency, at least monthly, an accounting of all transactions in the form of its customary <br />statements relating to the proceeds of the Bonds and all funds and accounts held by the Trustee <br />pursuant to this Indenture. <br />Section 6.09. Appointment of Co-Trustee or Agent. It is the purpose of thisIndenture <br />that there shall be no violation of any law of any jurisdiction (including particularly the law of the <br />State) denying or restricting the right of banking corporations or associations to transact <br />business as Trustee in such jurisdiction. It is recognized that in the case of litigation under this <br />Indenture, and in particular in case of the enforcement of the rights of the Trustee on default, or