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Agda Pkt 2024.08.26 Regular Meeting
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Agda Pkt 2024.08.26 Regular Meeting
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8/27/2024 10:48:21 AM
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8/27/2024 10:41:05 AM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
8/26/2024
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<br />30 <br />reasonable expenses incurred in connection with the performance of its obligations under the <br />Indenture. Upon any default by, or misconduct of, any agent, attorney or receiver appointed by <br />the Trustee, the Trustee shall fully pursue all remedies available to it against such attorney, agent <br />or receiver, and the proceeds of the exercise of such remedies shall be used to reimburse the <br />Authority for any loss it may have suffered as a result of the default or misconduct of such agent, <br />attorney or receiver. <br /> <br />Before taking any remedial action hereunder the Trustee may require that a satisfactory <br />indemnity bond or other indemnity satisfactory to the Trustee be furnished for the reimbursement <br />of all reasonable expenses to which it may be put and to protect it against all liability which may <br />be incurred in connection with the taking of such action, except liability which is adjudicated to <br />have resulted from its negligence or misconduct; provided, however, the Trustee shall not seek <br />such indemnity prior to making payments on the Bonds. <br /> <br />The Trustee, prior to the occurrence of an Event of Default, and after the curing or waiving <br />of all Events of Default which may have occurred, undertakes to perform only such duties as are <br />specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of <br />Default (which has not been cured or waived), exercise such of the rights and powers vested in it <br />by this Indenture, and use the same degree of care and skill in their exercise, as a reasonable <br />person would exercise or use in the conduct of such person’s own 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 performance <br />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 amount <br />of Bonds outstanding relating to the exercise of any right, power or remedy available to the <br />Trustee. <br /> <br />The permissive right of the Trustee to do things enumerated in this Indenture shall not be <br />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, epidemics, <br />quarantine restrictions, strikes (by employees other than employees of the Trustee), freight <br />embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage <br />8.A. - Page 150 of 255 <br />778
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