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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• (e) As to the existence or non-existence of any fact or as to the sufficiency or validity of <br /> any instrument, paper or proceeding, the Trustee shall be entitled to rely upon a certificate of the <br /> Issuer signed by its Mayor and attested by its Clerk as sufficient evidence of the facts therein <br /> contained and prior to the occurrence of a default of which it has been notified as provided in <br /> subsection(g)of this Section 1101, or of which by that subsection it is deemed to have notice, and <br /> shall also be at liberty to accept a similar certificate to the effect that any particular dealing, <br /> transaction or action is necessary or expedient,but may at its discretion, at the reasonable expense <br /> of the Issuer, in every case secure such further evidence as it may think necessary or advisable but <br /> shall in no case be bound to secure the same. The Trustee may accept a certificate of the Clerk of <br /> the Issuer under its seal to the effect that a resolution or ordinance in the form therein set forth has <br /> been adopted by the Issuer as conclusive evidence that such resolution or ordinance has been duly <br /> adopted, and is in full force and effect. <br /> (f) The permissive right of the Trustee to do things enumerated in this Indenture shall <br /> not be construed as a duty of the Trustee,and the Trustee shall be answerable only for its own gross <br /> negligence or willful default. <br /> (g) The Trustee shall not be required to take notice or be deemed to have notice of any <br /> default hereunder(except a default under clause(a),(b)or(c)of the first paragraph of Section 1001 <br /> hereof concerning which the Trustee shall be deemed to have notice) unless the Trustee shall be <br /> specifically notified in writing of such default by the Issuer or by the holders of at least ten percent <br /> (10%) in aggregate principal amount of Bonds outstanding hereunder and all notices or other <br /> • instruments required by this Indenture to be delivered to the Trustee must, in order to be effective, <br /> be delivered to the office of the Trustee, and in the absence of such notice so delivered,the Trustee <br /> may conclusively assume there is no such default except as aforesaid. <br /> (h) The Trustee shall not be personally liable for any debts contracted or for damages to <br /> persons or to personal property injured or damaged; or for salaries or non-fulfillment of contracts <br /> during any period in which it maybe in the possession of or managing the real and tangible personal <br /> property as in this Indenture provided. <br /> (i) At any and all reasonable times the Trustee,and its duly authorized agents,attorneys, <br /> experts, engineers, accountants and representatives, shall have the right fully to inspect any and all <br /> of the property herein conveyed, including all books,papers and records of the Issuer pertaining to <br /> the Project and the Bonds,and to take such memoranda from and in regard thereto as maybe desired, <br /> provided, however, that nothing contained in this subsection or in any other provision of this <br /> Indenture shall be construed to entitle the above named persons to any information or inspection <br /> involving the confidential know-how of the Company. <br /> 0) The Trustee shall not be required to give any bond or surety in respect of the <br /> execution of the said trusts and powers or otherwise in respect of the premises. <br /> • <br /> 30 <br />
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