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(f) The Trustee shall not be considered in breach or in default of its obligations <br />hereunder or progress in respect thereto in the event of enforced delay ("unavoidable delay") in <br />the performance of such obligations due to unforeseeable causes beyond its control and without <br />its fault or negligence, including, but not limited to, Acts of God or of the public enemy or <br />terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine <br />restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to <br />procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material <br />or supplies in the open market, litigation or arbitration involving a party or others relating to zoning <br />or other governmental action or inaction pertaining to the Project, malicious mischief, <br />condemnation and unusually severe weather or delays of suppliers or subcontractors due to such <br />causes or any similar event and or occurrence beyond the control of the Trustee; provided, <br />however, that the Trustee shall provide notice of any such unavoidable delay to the Authority. <br />(g) The Trustee shall have no responsibility or liability with respect to any information, <br />statements or recital in any offering memorandum or other disclosure material prepared or <br />distributed with respect to the issuance of these Bonds. <br />(h) The Trustee shall be under no obligation to exercise any of the rights or powers <br />vested in it by this Indenture at the request, order or direction of any of the Owners pursuant to the <br />provisions of this Indenture unless such Owners shall have offered to the Trustee reasonable <br />security or indemnity against the costs, expenses and liabilities which may be incurred therein or <br />thereby. <br />SECTION 8.06. Right to Rely on Documents. The Trustee shall be protected in <br />acting upon any notice, resolution, request, requisition, consent, order, certificate, report, opinion, <br />bond, facsimile transmission, electronic mail or other paper or document believed by it to be <br />genuine and to have been signed or presented by the proper party or parties. The Trustee may <br />consult with counsel, who may be counsel but need not be counsel of or to the Authority, with <br />regard to legal questions, and the opinion of such counsel shall be full and complete authorization <br />and protection in respect of any action taken or suffered by it hereunder in good faith and in <br />accordance therewith. <br />Whenever in the administration of the trusts imposed upon it by this Indenture the <br />Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking <br />or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein <br />specifically prescribed) may be deemed to be conclusively proved and established by a Certificate <br />of the Authority, and such Certificate shall be full warrant to the Trustee for any action taken or <br />suffered in good faith under the provisions of this Indenture in reliance upon such Certificate, but <br />in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may <br />require such additional evidence as to it may seem reasonable. <br />SECTION 8.07. Preservation and Inspection of Documents. All documents <br />received by the Trustee under the provisions of this Indenture shall be retained in its possession <br />and shall be subject at all reasonable times to the inspection of the Authority and any Owner, and <br />their agents and representatives duly authorized in writing, at reasonable hours and under <br />reasonable conditions. <br />35 <br />55394.00068\42092121.3 <br />