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The Fiscal Agent shall, upon written request and direction from the City, transfer to or <br />upon the order of the City any moneys on deposit in the Rebate Fund in excess of the amount, if <br />any, required to be maintained or held therein in accordance with the Rebate Certificate. Upon <br />receipt of such a written request and direction the Fiscal Agent is authorized to act thereon <br />without father inquiry, shall not be responsible for the accuracy thereof, and shall be absolutely <br />protected and incur no liability in relying thereon. <br />Section 6.03 Liability of Citv. The City shall not incur any responsibility in respect of <br />the Bonds or this Agreement other than in connection with the duties or obligations explicitly <br />herein or in the Bonds assigned to or imposed upon it. The City shall not be liable in connection <br />with the performance of its duties hereunder, except for its own negligence or willful <br />misconduct. The City shall not be bound to ascertain or inquire as to the performance or <br />observance of any of the terms, conditions, covenants or agreements of the Fiscal Agent herein <br />or in any of the documents executed by the Fiscal Agent in connection with the Bonds. <br />In the absence of bad faith, the City may conclusively rely, as to the truth of the <br />statements and the correctness of the opinions expressed therein, upon certificates or opinions <br />furnished, to the City and conforming to the requirements of this Agreement, The City shall not <br />be liable for any error of judgment made in good faith unless it shall be proved that it was <br />negligent in ascertaining the pertinent facts. <br />No provision of this Agreement shall require the City to expend or risk its own general <br />fuunds or otherwise incur any financial liability (other than with respect to the Assessment <br />Revenues) in the performance of any of its obligations hereunder, or in the exercise of and of its <br />rights or powers, if it shall have reasonable grounds for believing that repayment of such funds <br />or adequate indemnity against such risk or liability is not reasonably assured to it. <br />The City may rely and shall be protected in acting or refraining from acting upon any <br />notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or <br />document believed by it to be genuine and to have been signed or presented by the proper party <br />or proper parties. The City may consult with counsel, who may be counsel to the City, with <br />regard to legal questions, and the opinion of such counsel shall be full and complete <br />authorization and protection in respect of any action taken or suffered by it hereunder in good <br />faith and in accordance therewith. <br />Section 6.04 Ernplovment of Agents by City. In order to perform its duties and <br />obligations hereunder, the City may employ such persons or entities as it deems necessary or <br />advisable. The City shall not be liable for any of the acts or omissions of such persons or entities <br />employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected <br />in doing so, upon the opinions, calculations, determinations and directions of such persons or <br />entities. <br />ARTICLE VII <br />THE FISCAL AGENT <br />Section 7.01 Anoointment of Fiscal Agent. U. S. Bank National Association is hereby <br />appointed Fiscal Agent, registrar and paying agent for the Bonds. The Fiscal Agent undertakes <br />6" <br />55B -48 <br />