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Ordinance 1818-91
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Ordinance 1818-91
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Ordinances
Ordinance Number
1818-91
Date
10/2/1991
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No remedy herein conferred is intended to be exclusive of any <br /> other remedy or remedies, and each remedy is in addition to every <br /> other remedy given hereunder or now or hereafter existing at law <br /> or in equity or by statute. <br /> ARTICLE VI <br /> THE TRUSTEE <br /> Section 6. 01. Acceptance of Trust. The Trustee accepts and <br /> agrees to execute the trusts hereby created or by the Assignment <br /> created, but only upon the additional terms set forth in this <br /> Article VI, to all of which the parties hereto and the Owners <br /> agree. <br /> Section 6. 02 . Trustee May Act Through Agents; Answerable <br /> Only for Willful Misconduct or Negligence. The Trustee may exer- <br /> cise any powers hereunder and perform any duties required of it <br /> pursuant to this Trust Agreement through attorneys, agents, <br /> officers or employees, and shall be entitled to advice of counsel <br /> concerning all questions hereunder. The Trustee shall not be <br /> answerable for the exercise of any discretion or power under this <br /> Agreement nor for anything Whatever in connection with the trust <br /> hereunder, except only its own willful misconduct or negligence or <br /> that of its agents, officers and employees. The Trustee may <br /> consult with counsel, and the advice of such counsel or any opinion <br /> of counsel shall be full and complete authorization and protection <br /> in respect of any action taken or omitted by it hereunder in good <br /> faith in accordance with such advice or opinion of counsel. The <br /> Trustee shall not be responsible for any loss or damage resulting <br /> from any action or inaction in good faith in reliance upon such <br /> opinion or advice. The permissive right of the Trustee to do <br /> things enumerated in this Agreement shall not be construed as a <br /> duty. All money received by the Trustee shall, until used or <br /> applied as herein provided, be held in trust for the purpose for <br /> which it was received. Neither the Trustee nor any paying agent <br /> shall be under any liability for interest on any money received by <br /> it hereunder. <br /> Section 6. 03 . Compensation. The Trustee shall receive from <br /> the Underwriter as compensation for its services hereunder the <br /> initial fee of $ and an annual fee of $ , paid in <br /> advance, for so long as the Certificates are Outstanding. In the <br /> event all the Lease Payments represented by the Certificates are <br /> prepaid in full prior to their scheduled maturity, the Trustee <br /> shall promptly remit to the City an amount equal to the annual fees <br /> for such years remaining of the original lease term for which <br /> services of the Trustee are no longer required. In addition, in <br /> accordance with the Lease the Trustee shall be entitled to payment <br /> -19- D0T437 91/09/24 <br />
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