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AgdaPkt 2017-01-23 Closed and Joint
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AgdaPkt 2017-01-23 Closed and Joint
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Last modified
1/24/2017 10:22:46 AM
Creation date
1/19/2017 3:58:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/23/2017
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<br />39 <br />Any declaration, request or other instrument in writing of the Owner of any Bond shall <br />bind all future owners of such Bond with respect to anything done or suffered to be done by the <br />Authority or the Trustee in good faith and in accordance therewith. <br /> <br />Section 10.04. Waiver of Personal Liability. No board member, officer or employee of <br />the Authority shall be individually or personally liable for the payment of the interest or principal <br />the Bonds, but nothing contained herein shall relieve any board member, officer or employee of <br />the Authority from the performance of any official duty provided by any applicable provisions of <br />law or hereby. <br /> <br />Section 10.05. Acquisition of Bonds by the Authority. All Bonds acquired by the <br />Authority, whether by purchase or gift or otherwise, shall be surrendered to the Trustee for <br />cancellation. <br /> <br />Section 10.06. Content of Certificates. Every Certificate of the Authority with respect <br />to compliance with any agreement, condition, covenant or term contained herein shall include <br />(a) a statement that the person or persons making or giving such certificate have read such <br />agreement, condition, covenant or term and the definitions herein relating thereto; (b) a <br />statement that, in the. opinion of the signers they have made or caused to be made such <br />examination or investigation as is necessary to enable them to express an informed opinion as <br />to whether or not such agreement, condition, covenant or term has been complied with; and (c) <br />a statement as to whether, in the opinion of the signers, such agreement, condition, covenant or <br />term has been complied with. <br /> <br />Any Certificate of the Authority may be based, insofar as it relates to legal matters, upon <br />an opinion of counsel unless the person making or giving such certificate knows that the opinion <br />of counsel with respect to the matters upon which such certificate may be based, as aforesaid, <br />is erroneous, or in the exercise of reasonable care should have known that the same was <br />erroneous. Any opinion of counsel may be based, insofar as it relates to factual matters or <br />information with respect to which is in the possession of the Authority, upon a representation by <br />an officer or officers of the Authority unless the counsel executing such opinion of counsel <br />knows that the representation with respect to the matters or upon which his. or her opinion may <br />be based, as aforesaid, is erroneous, or in the exercise of reasonable care should have known <br />that the same was erroneous. <br /> <br />Section 10.07. Notice by Mail. Any notice required to be given hereunder by mail to <br />any Owners of Bonds shall be given by mailing a copy of such notice, first class postage <br />redeemed, to the Owners of such Bonds at their addresses appearing in the books required to <br />be kept by the Trustee pursuant to the provisions of Section 2.07 not less than thirty (30) days <br />nor more than sixty (60) days following the action or prior to the event concerning which notice <br />thereof is required to be given unless this Indenture expressly provides a different provision; <br />provided, that receipt of any such notice shall not be a condition precedent to the effect of such <br />notice and failure to receive any such notice shall not affect the validity of the proceedings taken <br />in connection with the action or the event concerning which such notice was given. <br /> <br />Section 10.08. Funds. Any fund or account required to be established and maintained <br />herein by the Trustee may be established and maintained in the accounting records of the <br />Trustee either as an account or a fund, and may, for the purposes of such accounting records, <br />any audits thereof and any reports or statements with respect thereto, be treated either as an <br />account or a fund; but all such records with respect to all such funds shall at all times be <br />8.C. - Page 150
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