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ii expenses which it may incur in connection with any litigation to which it may become a party by reason of its actions hereunder, except for any loss, cost, damage or expense resulting from the active or passive negligence, willful misconduct or breach of duty by the Trustee Notwithstanding any contrary provision hereof, this covenant shall remain in full force and effect even though all Bonds secured hereby may have been fully paid and satisfied SECTION 5 06 Further Assurances Whenever and so often as reasonably requested to do so by the Trustee or any Holder, the Authority will promptly execute and deliver or cause to be executed and delivered all such other and further assurances, documents or instruments, and promptly do or cause to be done all such other and further things as may be necessary or reasonably required in order to further and more fully vest in the Holders all rights, interests, powers, benefits,privileges and advantages conferred or intended to be conferred upon them hereby SECTION 5 07 Acquisition of Any Additional Project The Authority will acquire or cause to be acquired any Additional Project with all practicable dispatch and such acquisition will be made in an expeditious manner and in conformity with the law so as to complete the same as soon as possible ARTICLE VI THE TRUSTEE SECTION 6 01 The Trustee The Finance Director of the City shall serve as the Trustee for the Bonds for the purpose of receiving all money which the Authority is required to deposit with the Trustee hereunder and for the purpose of allocating, applying and using such money as provided herein and for the purpose of paying the interest on and principal of any redemption premiums, if any, on the Bonds presented for payment at the Principal Trust Office of the Trustee, with the rights and obligations provided herein The Authority may at any time, unless there exists any event of default as defined in Section 8 01 remove the Trustee initially appointed and any successor thereto and may appoint a successor or successors thereto by an instrument in writing, provided that any such successor shall be a bank or trust company doing business and having a combined capital (exclusive of borrowed capital) and surplus of at least one hundred million dollars ($100,000,000) and subject to supervision or examination by federal or state authority If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published The Trustee may at any time resign by giving written notice of such resignation to the Authority and by mailing to the Holders notice of such resignation Upon receiving such notice of resignation, the Authority shall promptly appoint a successor Trustee by an instrument in writing Any removal or resignation of a Trustee and appointment of a successor Trustee shall become effective only upon the acceptance of appointment by the successor Trustee If, within thirty(30) days after notice of the removal or resignation of the Trustee no successor Trustee shall have been appointed and shall have accepted such appointment, the removed or resigning Trustee may -21- 2762680 2