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• by an instrument executed and signed by its Mayor and attested by its Clerk under its seal,or by the <br /> holders of a majority in aggregate principal amount of Bonds outstanding hereunder(if an Event of <br /> Default has occurred and is continuing),by an instrument or concurrent instruments in writing signed <br /> by such holders,or by their attorneys in fact,duly authorized;provided,nevertheless,that if within <br /> thirty(30)days of the resignation,removal or dissolution of the Trustee hereunder the Issuer or the <br /> holders,as the case maybe,fail to so appoint a successor to fill such vacancy,the Trustee may apply <br /> to a court of competent jurisdiction which shall have authority to appoint a temporary trustee until <br /> a successor trustee shall be appointed by the Issuer or the bondholders in the manner above provided. <br /> Any such temporary trustee so appointed by a court of competent jurisdiction shall immediately and <br /> without further act be superseded by the trustee so appointed by the Issuer or such bondholders. <br /> Every such temporary trustee and every such successor trustee shall be a trust company or bank in <br /> good standing,having capital and surplus of not less than$50,000,000, and shall be satisfactory to <br /> the Company so long as there is no termination of the interest of the Company by virtue of an event <br /> of default or otherwise. <br /> Section 1109. Concerning Any Successor Trustee. Every successor or temporary trustee <br /> appointed hereunder shall execute,acknowledge and deliver to its predecessor and also to the Issuer <br /> an instrument in writing accepting such appointment hereunder, and thereupon such successor or <br /> temporary trustee, without any further act or conveyance, shall become fully vested with all the <br /> estates, properties, rights, powers, trusts, duties and obligations of its predecessor; but such <br /> predecessor shall,nevertheless,on the written request of the Issuer or ofits successor trustee,execute <br /> • and deliver an instrument transferring to such successor all the estate,properties,rights,powers and <br /> trusts of such predecessor hereunder; and every predecessor trustee shall deliver all securities, <br /> moneys and any other property held by it as trustee hereunder to its successor. Should any <br /> instrument in writing from the Issuer be required by any successor trustee for more fully and <br /> certainly vesting in such successor the estates,rights,powers and duties hereby vested or intended <br /> to be vested in the predecessor trustee, any and all such instruments in writing shall,on request,be <br /> executed, acknowledged and delivered by the Issuer. The resignation of any trustee and the <br /> instrument or instruments removing any trustee and appointing a successor hereunder,together with <br /> all other instruments provided for in this Article shall,at the expense of the Issuer,be forthwith filed <br /> and/or recorded by the successor trustee in each recording office where the Indenture shall have been <br /> filed and/or recorded. <br /> Section 1110. Reliance Upon Instruments. The resolutions,opinions,certificates and other <br /> instruments provided for in this Indenture may be accepted and relied upon by the Trustee as <br /> conclusive evidence of the facts and conclusions stated therein and shall be full warrant,protection <br /> and authority to the Trustee for its actions taken hereunder. <br /> Section 1111. Appointment of Co-Trustee. The Issuer and the Trustee shall have power to <br /> appoint and upon the request of the Trustee the Issuer shall for such purpose join with the Trustee <br /> in the execution of all instruments necessary or proper to appoint another corporation or one or more <br /> persons approved by the Trustee,and satisfactory to the Company so long as there is no termination <br /> of the interest of the Company by virtue of an event of default or otherwise,either to act as co-trustee <br /> 33 <br />