RES 02047 - Laserfiche WebLink

Section 10.06. Content of Certificates. Every Certificate of the City with respect to compliance with any agreement. condition. covenant or term contained herein shall include (a) a statement that the person or persons making or giving such certificate have read such agreement. condition, covenant or term and the definitions herein relating thereto: (b) a statement that. in the opinion of the signers they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such agreement. condition. covenant or term has been complied with; and (c) a statement as to whether. in the opinion of the signers. such agreement, condition. covenant or term has been complied with. Any Certificate of the City may be based. insofar as it relates to legal matters. upon an opinion of counsel unless the person making or giving such certificate knows that the opinion of counsel with respect to the matters upon which such certificate may be based. as aforesaid. is erroneous, or in the exercise of reasonable care should have known that the same was erroneous, Any opinion of counsel may be based. insofar as it relates to factual matters or information with respect to which is in the possession of the City. upon a representation by an officer or officers of the City unless the counsel executing such opinion of counsel knows that the representation with respect to the matfers or upon which his or her opinion may be based. as aforesaid. is erroneous. or in the exercise of reasonable care should have knO\m that the same was erroneous. Section 10,07. Notice bv Mail. Any notice required to be given hereunder by mail to any Owners of Bonds shall be given by mailing a copy of such notice. first class postage redeemed. to the Owners of such Bonds at their addresses appearing in the books required to be kept by the Trustee pursuant to the provisions of Section :!,07 not less than thirty (30) days nor more than sixty (60) days following the action or prior to the event concerning which notice thereof is required to be given unless this Indenture expressly provides a different provision; provided. that receipt of any such notice shall not be a condition precedent to the effect of such notice and failure to receive any such notice shall not affect the validity of the proceedings taken in connection with the action or the event concerning which such notice was given. Section 10.08. Funds, Any fund or account required to be established and maintained herein by the Trustee may be established and maintained in the accounting records of the Trustee either as an account or a fund. and may. for the purposes of such accounting records. any audits thereof and any reports or staternents with respect thereto. be treated either as an account or a fund; but all such records with respect to all such funds shall at all times be maintained in accordance with industry practice and with due regard for the protection of the security of the Bonds and the rights of the owners. Section 10.09. Investments, (a) Arnounts on deposit in any fund or account created pursuant to this Indenture shall be invested in Permitted Investments which will. as nearly as practicable. mature on or before the dates when such money is anticipated to be needed for disbursement hereunder (which. in the case of the Reserve Fund. rnay be for a period in excess of five (5) years). in accordance with such written directions as the City may frorn time to time provide to the Trustee. Amounts on deposit in the Reserve Fund shall be invested by the Trustee. in accordance with written -44- Pleasanton Cross Town Indenture (2).DOC