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07
City of Pleasanton
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020717
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07
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2/3/2017 12:46:45 PM
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2/1/2017 10:57:53 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
07
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The Trustee makes no representation or warranty, express or implied, as to the <br /> title, value, design, compliance with specifications or legal requirements, quality, durability, <br /> operation, condition, merchantability or fitness for any particular purpose for the use <br /> contemplated by the City of the Project In no event shall the Trustee be liable for incidental, <br /> indirect, special or consequential damages in connection with or arising from the Agreement or <br /> this Trust Agreement for the existence, furnishing or use of the Project <br /> The given rights the Trustee under the Agreement are subject in all respects to the <br /> g g g <br /> privileges and immunities afforded the Trustee under this Trust Agreement <br /> The Trustee shall be protected in acting upon any notice, requisition, resolution, <br /> request, consent, order, certificate, report, opinion, bond or other paper or document believed by <br /> it to be genuine and to have been signed or presented by the proper party or parties The Trustee <br /> may consult with counsel, who may be counsel of or to the Authority, with regard to legal <br /> questions, and the opinion of such counsel shall be full and complete authonzation and <br /> protection in respect of any action taken or suffered by it hereunder in good faith and in <br /> accordance therewith <br /> Except for the Original Purchaser, the Trustee shall not be bound to recognize any <br /> person as the Holder of a Bond unless and until such Bond is submitted for inspection, if <br /> required, and his or her title thereto is satisfactorily established, if disputed <br /> ARTICLE VII <br /> AMENDMENT OF THE TRUST AGREEMENT <br /> SECTION 7 01 Amendment of the Trust Agreement The Trust Agreement <br /> and the rights and obligations of the Authority and of the Holders may be amended at any time <br /> by a Supplemental Trust Agreement which shall become binding when the written consents of <br /> the Holders of a majority in aggregate pnncipal amount of the Bonds then Outstanding, <br /> exclusive of Bonds disqualified as provided in Section 7 02, are filed with the Trustee No such <br /> amendment shall (1) extend the maturity of or reduce the interest rate on or amount of interest on <br /> or principal of or redemption premium, if any, on any Bond without the express written consent <br /> of the Holder of such Bond, or(2) permit the creation by the Authority of any pledge of or <br /> charge or lien upon the Revenues as provided herein superior to or on a parity with the pledge, <br /> charge and lien created hereby for the benefit of the Bonds, or (3)reduce the percentage of <br /> Bonds required for the written consent to any such amendment, or(4) modify any rights or <br /> obligations of the Trustee, the Authority, the City or the Housing Authority of the City of <br /> Pleasanton without their prior written assent thereto, respectively <br /> The Trust Agreement and the rights and obligations of the Authority and of the <br /> Holders may also be amended at any time by a Supplemental Trust Agreement which shall <br /> become binding upon adoption without the consent of any Holders, but only to the extent <br /> permitted by law and after receipt of an approving Opinion of Counsel and, so long as any Series <br /> 2017 Bonds are Outstanding for any purpose that will not materially adversely affect the interests <br /> of the Holders and including (without limitation) for any one or more of the following purposes <br /> -24- <br /> 2762680 2 <br />
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