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Res13 15263
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Res13 15263
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Last modified
8/28/2013 12:22:50 PM
Creation date
5/23/2013 9:38:47 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Public Finance Authority
Date
5/20/2013
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such notary public or other officer, or by such other proof as the Trustee or the paying agent, as <br /> the case may be, may accept which it may deem sufficient. <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 /> Section 10.04. Waiver of Personal Liabilitv. 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 ernployee of <br /> � the Authority from the performance of any official duty provided by any applicable provisions of <br /> law or hereby. <br /> Section 10.05. Acquisition of Bonds by the Authoritv. All Bonds acquired by the <br /> Authority, whether by purchase or gift or otherwise, shall be surrendered to the Trustee for <br /> cancellation. <br /> Section 10.06. Content of Certificates. Every Certificate of the Authority with respect to <br /> compliance with any agreement, condition, covenant or term contained herein shall include (a} a <br /> statement that the person or persons making or giving such certificate have read such agreement, <br /> condition, covenant or term and the definitions herein relating thereto; (b)a statement that, in the <br /> opinion of the signers they have made or caused to be made such examination or investigation as <br /> is necessaty to enable them to express an informed opinion as to whether or not such agreement, <br /> condition, covenant or term has been complied with; and (c) a statement as to whether, in the <br /> opinion of the signers, such agreement, condition, covenant or term has been complied with. <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, is <br /> erroneous, or in the exercise of reasonable care should have known that the same was erroneous. <br /> � Any opinion of counsel may be based, insofar as it relates to factual matters or information with <br /> respect to which is in the possession of the Authority, upon a representation by an officer or <br /> officers of the Aut�ority unless the counsel executing such opinion of counsel knows that the <br /> representation with respect to the matters or upon which his. or her opinion may be based, as <br /> aforesaid, is enoneous, or in the exercise of reasonable care should have known that the same <br /> was erroneous. <br /> Section 10.07. Notice bxMail. Any notice required to be given hereunder by mail to any <br /> Owners of Bonds shall be given by mailing a copy of such notice,first class posta.ge redeemed,to <br /> the Owners of such Bonds at their addresses appearing in the books required to be kept by the <br /> Trustee pursuant to the provisions of Section 2.07 not less than thirty (30) days nor more than <br /> sixty (60) days following the action or prior to the event concerning which notice thereof is <br /> required to be given unless this Indenture expressly provides a different provision; provided, that <br /> receipt of any such notice shall not be a condition precedent to the effect of such notice and <br /> failure to �receive any such notice shall not affect the validity of the proceedings taken in <br /> connection with the action or the event concerning which such notice was given. <br /> -44- <br /> 338471 1.DOC <br />
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