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FULL AGENDA PACKET_2021-03-16
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FULL AGENDA PACKET_2021-03-16
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City Clerk
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Clerk of the Council
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3/16/2021
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the deposit with it of any such moneys and of the fixing of any such date by Mail to all Bondholders <br />and shall not be required to make payment to any Bondholder until such Bonds shall be presented to <br />the Trustee for appropriate endorsement or for cancellation if fully paid. <br />Section 11.11 Severability of Remedies. It is the purpose and intention of this Article XI <br />to provide rights and remedies to the Trustee and the Bondholders which may be lawfully granted <br />under the provisions of applicable law, but should any right or remedy herein granted be held to be <br />unlawful, the Trustee and the Bondholders shall be entitled, as above set forth, to every other right <br />and remedy provided in this Trust Agreement and by applicable law. <br />Section 11.12 Additional Events of Default and Remedies. So long as any Bonds are <br />Outstanding, the Events of Default and remedies as set forth in this Article XI may be supplemented <br />with additional Events of Default and remedies as set forth from time to time in a supplemental <br />agreement. <br />ARTICLE XII <br />TRUSTEE; REGISTRAR <br />Section 12.01 Acceptance of Trusts. The Trustee hereby accepts and agrees to execute the <br />trusts specifically imposed upon it by this Trust Agreement, but only upon the additional terms set <br />forth in this Article XII, to all of which the City agrees and the respective Bondholders agree by their <br />acceptance of delivery of any of the Bonds. <br />Section 12.02 Duties of Trustee. <br />(a) If an Event of Default has occurred and is continuing, the Trustee shall <br />exercise its rights and powers and use the same degree of care and skill in their exercise as a prudent <br />person would exercise or use under the circumstances in the conduct of such person's own affairs. <br />(b) Except during the continuance of an Event of Default: <br />(i) the Trustee need perform only those duties that are specifically set <br />forth in this Trust Agreement and no others; and <br />(ii) in the absence of negligence on its part, the Trustee may conclusively <br />rely, as to the truth of the statements and the correctness of the opinions expressed, upon certificates <br />or opinions furnished to the Trustee and conforming to the requirements of this Trust Agreement. <br />(c) The Trustee may not be relieved from liability for its own negligent action, its <br />own negligent failure to act or its own willful misconduct, except that: <br />(i) this paragraph does not limit the effect of paragraph (b) of this <br />Section 12.02; <br />(ii) the Trustee shall not be liable for any error of judgment made in good <br />faith by a Responsible Officer unless the Trustee was negligent in ascertaining the pertinent facts; <br />City Council 34 33 — 47 3/16/2021 <br />4846-535-8811v3/200434-0005 <br />
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