RES 02047 - Laserfiche WebLink

No provision of this Indenture or any other document related hereto shall require the Trustee to risk or advance its own funds or otherwise incur any financial liability in the performance of its duties or the exercise of its rights hereunder, The immunities extended to the Trustee also extend to its directors. officers. employees and agents. The Trustee shall not be liable for any action taken or not taken by it in accordance with the direction of a majority (or other percentage provided for herein) in aggregate principal amount of Bonds outstanding relating to the exercise of any right. power or remedy available to the Trustee. The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty. Section 7.04, Pavment Limited, All payments to be made by the Trustee under and pursuant to this Indenture shall be made only from the cOrpus. income and proceeds of the amounts on deposit pursuant hereto and only to the extent that the Trustee shall have received sufficient contribution. incorne and proceeds in accordance with the terms of this Indenture. Section 7.05. Merger or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger. conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business. provided that such company shall be eligible under Section 7.01 hereof. shall be the successor to the Trustee without the execution or filing of any paper or further act. an}thing herein to the contrary notwithstanding. Section 7.06, Funds and Accounts. The Trustee may establish such funds and accounts as it reasonably deems necessary or appropriate to perform its obligations hereunder. ARTICLE VIII AMENDMENT OF OR SUPPLEMENT TO TRUST AGREEMENT Section 8.01. Amendrnent or Supplement bv Consent of Owners, The Indenture may be amended in writing by agreement between the City and the Trustee. but no such amendment (except as provided below) shall become effective as to the Owners of the Bonds then Outstanding: provided that no such amendment shall impair the right of any Owner to receive his or her proportionate share of any principal or interest in accordance with his or her Bonds unless consented to by the applicable Bond Owner. Notwithstanding the foregoing. the Indenture and the rights and obligations provided hereunder may also be modified or amended at any time without the consent of any Owners of the Bonds. but only (1) for the purpose of curing any ambiguity, or of curing. correcting or supplementing any defective provision contained in the -40- Pleasamon Cross Town Indenture (2).DOC