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201103788 Section 9.04. No registered owner of any of the bonds sha.11 have any right to institute any suit, action or proceeding in equity or at la.w hereunder or for any other remedy hereunder unless such owner previously sha.11 have given to the Trustee written notice of any event of default as herein provided and unless the registered owners of not less than fifty-one percent (51%) in principal axnount of the bonds then outstanding shall have ma.de written request of the Trustee, after the right to exercise such powers or rights of action, as the case may be, shall have accrued, either to proceed to exercise the powers herein granted or to institute such action, suit or proce�ing in the name of the Trustee and the Trustee shall have refused or neglected to comply with such request within a reasonable time and after being afforded a reasonable opportunity to do so and after having been offered security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby, as aforesaid. All actions to enforce any provision of this Indenture shall be instituted and maintained for the equal benefit of all owners ofthe bonds, except that nothing herein contained shall impair the right of any owner of any bond at or after the maturity thereof to reduce the same to judgment. Section 9.05. All rights of action under this Indenture or under any of the bonds secured hereby enforceable by the Trustee ma.y be enforced without the possession of any of the bonds or the production thereof at the trial or other proceedings relative thereto, and any such suit or proceeding instituted by the Trustee shall be brought for the ratable benefit of the owners of the bonds, subject to the provisions ofthis Indenture. Section 9.06. No waiver of any default or brea.ch of duty by any bondholder or the Trustee shall impair any such right or power or shall be construed to be a waiver of any such defa.ult or any subsequent default. ARTICLE X THE TRUSTEE Section 10.01. The Trustee hereby accepts the trust imposed upon it by this Indenture and agrees to perform said trusts as an ordinarily prudent trustee under a cor�rate indenture. The Trustee may resign at any time by giving no less than sixty (60) days' notice to the Corporation and to the City and, within five (5) days after giving such notice, by mailing notice of such resignation to ea:ch of the registered owners of the bonds then outstanding under this Indenture. The Trustee ma.y be removed at any time upon the written request of or upon the af�irmative vote of the registered owners of fifty-one percerrt (51 %) or more in principal amount of bonds outstanding. In the event of such resignation or removal, a succes�r may be appointed by the registered owners of fifty-one percent (51%) or more in principal amount of the bonds outstanding, and such successor shall have all the powers and obligations ofthe Trustee theretofore vested in its predecessor; provided that unless and until the successor Trustee shall have been appointed by the registered owners of the bonds as aforesaid, the Corporation shall forthwith appoint a Trustee to fill such vacancy. Any successor Trustee sha11 be a bank or trust company. Section 10.02. The duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture. The Trustee shall be protected when acting in good fa.ith upon the advice of its caunsel. The Trustee 25