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<br />expenses and liabilities (including but not limited to fees and expenses of its attorneys) which
<br />might be incurred by it in compliance with such request or direction. No permissive power, right
<br />or remedy conferred upon the Trustee hereunder shall be construed to impose a duty to
<br />exercise such power, right or remedy.
<br />
<br />(i) Whether or not therein expressly so provided, every provision of this Indenture
<br />relating to the conduct or affecting the liability of or affording protection to the Trustee is subject
<br />to the provisions of Section 8.02(a), this Section 8.04 and Section 8.05, and shall be applicable
<br />to the assignment of any rights to the Trustee hereunder.
<br />
<br />(j) The Trustee is not accountable to anyone for the subsequent use or application
<br />of any moneys which are released or withdrawn in accordance with the provisions hereof.
<br />
<br />(k) The Trustee makes no representation or warranty, expressed 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 Authority or the City of the 2026 Water Project. In no event shall the
<br />Trustee be liable for incidental, indirect, special or consequential damages in connection with or
<br />arising from the Installment Sale Agreement or this Indenture for the existence, furnishing or use
<br />of the 2026 Water Project.
<br />
<br />(l) The Trustee has no responsibility with respect to any information, statement, or
<br />recital in any official statement, offering memorandum or any other disclosure material prepared
<br />or distributed with respect to the Bonds.
<br />
<br />(m) The Trustee shall not be considered in breach of or in default in its obligations
<br />hereunder or progress in respect thereto in the event of delay in the performance of such
<br />obligations due to unforeseeable causes beyond its control and without its fault or negligence,
<br />including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a
<br />government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
<br />freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general
<br />sabotage or rationing of labor, equipment, facilities, sources or energy, material or supplies in
<br />the open market, litigation or arbitration involving a party or others relating to zoning or other
<br />governmental action or inaction pertaining to the project, malicious mischief, condemnation, and
<br />unusually severe weather or delays of suppliers or subcontractors due to such causes or any
<br />similar event and/or occurrences beyond the control of the Trustee.
<br />
<br />(n) The Trustee agrees to accept and act upon facsimile transmission of written
<br />instructions and/or directions pursuant to this Indenture of Trust, provided, however, that: (a)
<br />subsequent to such facsimile transmission of written instructions and/or directions the Trustee
<br />shall forthwith receive the originally executed instructions and/or directions, (b) such originally
<br />executed instructions and/or directions shall be signed by a person as may be designated and
<br />authorized to sign for the party signing such instructions and/or directions, and (c) the Trustee
<br />shall have received a current incumbency certificate containing the specimen signature of such
<br />designated person.
<br />
<br />SECTION 8.05. Right to Rely on Documents. The Trustee shall be protected and shall
<br />incur no liability in acting or refraining from acting in reliance upon any notice, resolution,
<br />request, consent, order, certificate, report, opinion, bonds, requisition, facsimile transmission,
<br />electronic mail or other paper or document believed by them to be genuine and to have been
<br />signed or presented by the proper party or parties. The Trustee is under no duty to make any
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