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to this Agreement or institutes interpleader proceedings relative hereto, the Refunding Trustee <br /> shall be reasonably compensated by the City for such extraordinary services and reimbursed for all <br /> fees, costs, liability and expenses (including reasonable attorneys' fees) occasioned thereby. In no <br /> event shall the Refunding Trustee ever assert a lien or be entitled to payment or reimbursement of <br /> any fees, costs, liability or expense out of the moneys or securities held by it in trust hereunder. <br /> Section 10. Successor Refunding Trustee. The obligations assumed by the Refunding <br /> Trustee pursuant to this Agreement may be transferred by the Refunding Trustee to a successor; <br /> provided that the Refunding Trustee has presented evidence satisfactory to the City and its bond <br /> counsel that the successor meets the requirements of RCW Chapter 39.53, as now in effect or <br /> hereafter amended, and has assumed all the obligations of the Refunding Trustee under this <br /> Agreement, and'that all the Acquired Obligations and moneys held by the Refunding Trustee <br /> pursuant to this Agreement have been duly transferred to such successor. <br /> Section 11. Agreement to Remain in Force. The Refunding Trustee and the City <br /> recognize that the holders and owners from time to time of the Refunded Bonds have a beneficial <br /> interest in the Acquired Obligations and moneys to be held by the Refunding Trustee as herein <br /> provided. It is therefore understood and agreed that this irrevocable Agreement shall not be <br /> subject to amendment without the consent of the holders of the Refunded Bonds except for the <br /> purpose of(1) clarifying any ambiguity herein, or (2)to strengthen the security of the holders of <br /> the Refunded Bonds by means of revised or additional terms, conditions or covenants, (3)to <br /> strengthen the escrow by placing therein additional moneys or direct noncallable government <br /> obligations, or (4) making any amendments to the exhibits hereto or textual references herein to <br /> such exhibits necessary in connection with the deposit with the Refunding Trustee of any <br /> substitute Acquired Obligations. <br /> A-9 DoToeM.00c 94/01/19 <br />