HomeMy WebLinkAbout0091 (A) Prior to such an event of default hereunder,
and after the curing of all such events of default which
may have occurred, (1) the duties and obliqations of the
Trustee shall be determined solely by the express provisions k
of this Agreeament, and the Trustee shall not be liable except ~
for the performance of such duties and obligations as are
specifically set forth in this Agreement,~and no implied
covenants or obligations shall be read into this Agreement
against the Truste~; and (2) in the absence of bad faith
on the part of the Trustee, the Trustee may conclusively
rely, as to the truth of the statements~and to the correctness
of the opinions expressed therein, upon any certificate or
opinion furnished to the Trustee conforming to the requirements .
of this Agreement; but ia the case of any such certificate
or opinion which by any provision hereof is specifically
required to be furnished to the Trustee, the Trustee shall
be under a duty to examine the same to determine whether
or not it conforms to the requirements of this Agreement.
(B) At all times, regardless of whether or not any
such event o.f default shall exist, (1) the Trustee shall
not be liable for any error of judgment made in good faith '
by a responsible officer or officers of the Trustee; and
(2) the Trustee shall not be liable with respect to any action a
taken or~omitted to be taken by it in good faith in accordance
with the direction of the holders of not less than a majority
in aggregate principal amount of all the Bonds at the time
outstanding reZating to the time, method and place of conducting
any proceeding for any remedy available to the Trustee, or
exercising any trust or power conferred upon the Trustee
under this Agreement.
None of the provisions contai.ned in this Agreement
shall require the Trustee to expend or risk its own funds
or otherwise incur individual financial liability in the
performance of any of its duties or in the exercise of any
of its rights or powers. .
Section 9.02. RELIANCE UPON DOCUMENTS AND OPINIONS.
The Trustee may rely upon certain documents and opinions
as follows:
(A) The Trustee may rely and shall be protected in
acting upon any resolution, certificate, statement, instrument,
opinion, report, notice, request, consent, order, bond, coupon
or other paper or document believed by it to be genuine and
to have been signed or presented by the proper party or parties.
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(B) Any request, direction, election, order or demand
of the Company shall be sufficiently evidenced by an instrument
signed in the name of the Company by its President or a Vice
President or other chief administrative ofricer (unless other-
wise in this Agreement specifically prescribed), and any
resolution of the Company may be evidenced to the Trustee
by a true copy thereof certified by the Secretary or Assistant
Secretary of the Company, and any request, direction, election,
order or demand of the Issuer shall be sufficiently evidenced
by an instrument signed in the name of the Issuer by the
Chairman or Vice. Chairr.tan of the Board of County Commissioners
of the Issuer, (unless otherwise in this Agreement specifically
prescribed), and any resolution of the Issuer may be evidenced
to the Trustee by a true copy thereof certified by the Clerk
or Deputy CZerk of the Board of County Cbmmissioners.
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