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<br />34 <br />any Event of Default (which has not been cured or waived), exercise such of the rights and <br />powers vested in it by this Indenture, and use the same degree of care and skill in their <br />exercise, as a reasonable person would exercise or use in the conduct of such person’s own <br />affairs. <br /> <br />The Trustee shall not be. deemed to have knowledge of an Event of Default (except in <br />connection with a failure of the Authority to make Installment Payments when due) until a <br />Responsible Officer has actual knowledge thereof, or until notified in writing of such Event of <br />Default. <br /> <br />The Trustee shall have no responsibility with respect to any information, statement, or <br />recital in any official statement, offering memorandum or any other disclosure material prepared <br />or distributed with respect to the Bonds. <br /> <br />No provision of this Indenture or any other document related hereto shall require the <br />Trustee to risk or advance its own funds or otherwise incur any financial liability in the <br />performance of its duties or the exercise of its rights hereunder. <br /> <br />The immunities extended to the Trustee also extend to its directors, officers, employees <br />and agents. <br /> <br />The Trustee shall not be liable for any action taken or not taken by it in accordance with <br />the direction of a majority (or other percentage provided for herein) in aggregate principal <br />amount of Bonds outstanding relating to the exercise of any right, power or remedy available to <br />the Trustee. <br /> <br />The permissive right of the Trustee to do things enumerated in this Indenture shall not <br />be construed as a duty. <br /> <br />The Trustee shall not be considered in breach of or in default in its obligations hereunder <br />or progress in respect thereto in the event of delay in the performance of such obligations due to <br />unforeseeable causes beyond its control and without its fault or negligence, including, but not <br />limited to, acts of terrorists, acts of a government, acts of the other party, fires, floods, <br />epidemics, quarantine restrictions, strikes (by employees other than employees of the Trustee), <br />freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general <br />sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in <br />the open market, litigation or arbitration involving a party or others relating to zoning or other <br />governmental action or inaction pertaining to the project, malicious mischief, condemnation, and <br />unusually severe weather or delays of suppliers or subcontractors due to such causes or any <br />similar event andlor occurrences beyond the control of the Trustee. <br /> <br />The Trustee agrees to accept and act upon facsimile transmission of written instructions <br />and/or directions pursuant to this Indenture provided, however, that: (a) subsequent to such <br />facsimile transmission of written instructions and/or directions the Trustee shall forthwith receive <br />the originally executed instructions and/or directions, (b) such originally executed instructions <br />and/or directions shall be signed by a person as may be designated and authorized to sign for <br />the party signing such instructions and/or directions, and (c) the Trustee shall have received a <br />current incumbency certificate containing the specimen signature of such designated person. <br /> <br />Section 7.04. Payment Limited. All payments to be made by the Trustee under and <br />pursuant to this Indenture shall be made only from the corpus, income and proceeds of the <br />8.C. - Page 145