81006050 - Laserfiche WebLink

Browse

!A4 ~--; ARTICLE IX. I"- ~)l1~'J~v'~. Concerning the Trustee Section 901. Acceptance of Trusts By Trustee. The Trustee accepts and agrees to execute the trusts imposed upon it by this Indenture, but only upon the terms and conditons set forth in this Article and subject to the provisions of this Indenture, to all of which the parties hereto and the respective holders of the Bonds agree. The Trustee also accepts and agrees to do and perform the duties and obligations specifically imposed upon it by and under the Lease, but only upon the terms and condi~ions set forth in the Lease and this Indenture. Section 902. Without Inden tee Sildll De unaer no obligation to instituteany suit, or to take any remedial proceeding under this Indenture or under the Lease, or to enter any appearance in or in any way defend any suit in which it may be made defendant, or to take any steps in the execution of the trusts hereby created or in the enforcement of any rights and powers hereunder or under the Lease, until it shall be indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees and other reasonable disbursements, and against all liability; the Trustee may, nevertheless, bring suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as such Trustee, without prior indemnity, and in such case the Issuer shall cause the Trustee to be reimbursed under the Lease or from the Revenue of the Project for all costs and expenses, outlays and counsel fees and other reasonable disbursements properly incurred in connection therewith. If such reimbursement shall not be made, the Trustee may reimburse itself from any moneys which are then or may come into its possession under the provisions of this Indenture and shall be entitled to a preference therefor over any of the Bonds at any time outstanding hereunder; Provided, however, that nothixig cpntained herein shall entitle the Trustee to 'ndenu?ification hereunder from liability or reimbursement for any costs and expenses, outlays and counsel fees or any other disbursements arising out of or in connection with the Trustee's own willful misconduct or its own negligent action or failure to act, as provided in Section 911 of this Indenture. Section 903. Limitations on Obli ations and Res on- sibilities of Trustee. T e Trustee s a e un er no o ~,ga ion o e ect or maintain insurance or to renew any policies of insurance or to inquire as to the sufficiency of any policies of insurance carried by or on behalf of the Issuer, or to report, or make or file claims or proof of 64