RES 02047 - Laserfiche WebLink

ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Indenture Limited to Parties. Nothing contained herein - . expressed or implied. is intended to give to any person other than the City. the Trustee and the Ovmers any claim. remedy or right under or pursuant hereto. and any agreement. condition. covenant or term contained herein required to be observed or performed by or on behalf of the City shall be for the sole and exclusive benefit of the Trustee and the Owners. Section 10.02, Successor Deemed Included in all References to Predecessor. Whenever either the City. the Trustee or any officer thereof is named or referred to herein. such reference shall be deemed to include the successor to the powers. duties and functions that are presently vested in the City, .the Trustee or such officer. and all agreements. conditions. covenants and terms required hereby to be observed or performed by or on behalf of the City. the Trustee or any officer thereof shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. Section 10.03. Execution of Documents bv O\mers. Any declaration. request or other instrument which is permitted or required herein to be executed by Owners may be in one or more instrurnents of similar tenor and may be executed by Owners in person or by their attorneys appointed in writing. The fact and date of the execution by any Owner or his or her attorney of any declaration. request or other instrurnent or of any writing appointing such attorney may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state or territory in which she purports to act. that the person signing such declaration. request or other instrument or writing acknowledged to him the execution thereof. or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer. or by such other proof as the Trustee or the paying agent. as the case rnay be. may accept which it may deem sufficient. Any declaration. request or other instrument in writing of the Owner of any Bond shall bind all future owners of such Bond with respect to anything done or suffered to be done by the City or the Trustee in good faith and in accordance therewith, Section 10.04, Waiver of Personal Liahilitv. No hoard mernber. officer or employee of the City shall be individually or personally liable for the payment of the interest or principal the Bonds. but nothing contained herein shall relieve any board member. officer or employee of the City from the performance of any official duty provided by any applicable provisions of law or hereby. Section 10.05. Acquisition of Bonds bv the Citv, All Bonds acquired hy the City. whether by purchase or gift or otherwise. shall be surrendered to the Trustee for cancellation, -43- Pleasanton Cross To\'t'n Indenture (1).DOC