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this Agreement or institutes interpleader proceedings relative <br /> hereto, the Refunding Trustee shall be reasonably compensated by <br /> the City for such extraordinary services and reimbursed for all <br /> fees, costs, liability and expenses (including reasonable <br /> attorneys ' fees) occasioned thereby. In no event shall the <br /> Refunding Trustee be entitled to payment or reimbursement of any <br /> fees, costs, liability or expense out of the moneys or securities <br /> held by it in trust hereunder. <br /> Section 10 . Successor Refunding Trustee . The obligations <br /> assumed by the Refunding Trustee pursuant to this Agreement may <br /> be transferred by the Refunding Trustee to a successor; provided, <br /> that the Refunding Trustee has presented evidence satisfactory to <br /> the City and its bond counsel that the successor meets the <br /> requirements of RCW Chapter 39 . 53, as now in effect or hereafter <br /> amended, and has assumed all the obligations of the Refunding <br /> Trustee under this Agreement, and that all the Acquired Obliga- <br /> tions and moneys held by the Refunding Trustee pursuant to this <br /> Agreement have been duly transferred to such successor. <br /> Section 11 . Agreement to Remain in Force . The Refunding <br /> Trustee and the City recognize that the holders and owners from <br /> time to time of the Refunded 1988 Bonds have a beneficial <br /> interest in the Acquired Obligations and moneys to be held by the <br /> Refunding Trustee as herein provided. It is therefore understood <br /> and agreed that this irrevocable Agreement shall not be subject <br /> to amendment without the consent of the holders of the Refunded <br /> 1988 Bonds except for the purpose of (1) clarifying any ambiguity <br /> B-13 FWW003.DOC 92/09/21 <br />