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maintenance of the security hereof; except that in the event
the Trustee enters into possession of a part or all of the
trust estate pursuant to any provision of this Agreement it
shall use diligence in preserving such property; and the Trustee
shall not be bound to ascertain or inquire as to the performance
or observance of any covenant, condition or agreement on the
part of the Company or the Issuer, except as hereinafter
set torth, but the Trustee may require of the Company or the
Issuer full information and advice as to the performance of
the covenants, conditions and agreements aforesaid and
of the condition of the physical property included in~the trust
estate. The Trustee shall not be accountable for the use of ~
any Bonds authenticated or delivered hereunder or of any of ;
the proceeds of such Bonds except as herein and in the '
Resolution provided. ~
Section 9.04. GENERAL LIMITATION OF LIABILITY. The
permissive right of the Trustee to do things enumerated in
this Agreer?ent shall not be construed as a duty of the Trustee
and the Trustee shall be answerable only for its own negligence
or willful default. The Trustee shall not be required to give
any Bonds or surety in respect of the execution of the said
trusts and powers or otherwise in respect of the premises.
The Trustee shall not be liable for any debts contracted or
for damages to persons or to personal property injured or
damaged or for salaries or nonfulfillment of contracts during
any period in which it may be in the possession of or managing ;
the trust estate as in this Agreement.provided, if such debts,
damages, salaries, or contracts have been incurred,
suffered, earned, or made in connection with such possession or ~
management. ~ ;
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Section 9.05. BRINGING AND DEFENDING LEGAL ACTIONS.
The Trustee shall be under no obligation to institute any
suit, or to take any proceeding under this Agreement, or to
enter any appearance or in any way defend in any suit in which
it may be ~ade defendant, or to take any steps in the execution
of the trusts hereby created or in the enforcement of any
rights and powers hereunder, until it shall be indemnified -
to its satisfaction against any and all costs and expenses,
outlays and counsel fees and other reasonable disbursements,
and against all liability; the Trustee may, nevertheless, begin ;
~suit, or appear in and defend suit, or do anything else in its
judgment proper to be done by it as such Trustee, without
indemnity, and in such case the Company shall reimburse the
Trustee for all costs and expenses, outlays and courisel tees and
other reasonable disbursements properly incurred in connection ~
therewith. If the Company shall fail to make such reimbursement,
the Trustee may reimburse itself trom any moneys in its possession
under the provisions of this Agreement and notwithstanding any
provision in this Agreement to_the contrary the Trustee shall
be entitled to a preference therefor over any of the Bonds or
coupons then outstanding.
Section 9.06. NOTICE OF DEFAULTS. The Trustee shall
not be required to take notice or be deemed to have notice
' of any d~fault hereunder, except (but only as to parties other
than the Compan~ default in the deposits or payments specified
herein, or failure by the Company to file with it any of the
~ documents required, or to deposit with it evidence of the
insurance policies required hereunder, unless the Trustee
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