HomeMy WebLinkAbout0092 (C) The opinion of counsel for the Trustee shall
be full and complete authorization and protection in respect
of any action taken or suffered by it hereunder in good faith
and in accordance with the opinion of such counsel.
tD) Whenever in the administration of the trusts
of this Agreement the Trustee shall deem it necessary or
desirable that a matter be proved or established prior to
taking or suffering any action hereunder, such matter (nnless =
other evidence in respect.thereof be herein specifically
prescribed) may, in the absence of bad faith on the part ;
of the Trustee, be deemed to be conclusively proved and established ;
by a certificate of the President or a Vice President or i
other chief administrative officer of the Company or a certificate
of the Chairman or Vice Chairman of the Board of County Commissioners
of the Issuer and such certificate shall, in the absence
of bad faith on the part of the Trustee, be full warrant
to the Trustee for any action taken or suffered by it under ~
the provisions of this Agreement upon the faith thereof.
Section 9.03. NO DUTY TO TAKE CERTAIN ACTIONS. The
Trustee shall not be responsible for any recital or statement
herein, or in the Bonds and coupons (except~in respect of
the certificate of the Trustee endorsed on such Bonds), or
for the recording or re-recording, filing or refiling of ~
this Agreenent or for the affixing or cancellation of any ~
revenue stamps, or for the payment of or for keeping dowrl '
taxes, charges, assessments and liens upon the trust estate,
or for insuring the trust estate, or collecting any insurance ~
moneys, or for the validity of the execution of this Agreement
except for the validity of the Trustee's execution thereof,
or any agreement supplemental hereto or instrument of further
assurance, or for the sufficiency of the security for the
Bonds issued hereunder or intended to be secured hereby,
or for the value or title of any of the trust estate, or
otherwise as to the 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 forth, 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 Agreement 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 f_or salaries or nonfulfillment of contracts
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