Laserfiche WebLink
funds established hereunder or under the Facility Lease <br />(except that such compensation or reimbursement shall be made <br />first.from the Trust Administration Fund established pursuant <br />to Section 5.03 or from interest and income received from the <br />investment of moneys on deposit in the Certificate Reserve <br />Fund created under the Facility Lease so long as the moneys on <br />deposit therein are are equal to the Certificate Reserve Fund <br />Requirement (as that term is defined in the Facility Lease)). <br />The Trustee may take whatever legal actions are lawfully <br />available to it directly against the Corporation or the City. <br /> <br /> The City shall indemnify and hold harmless the <br />Trustee to the extent and in the amounts provided by the laws <br />of the State of California from and against all claims, <br />damages and losses, including legal fees and expenses, arising <br />out of (i) the condition, management, maintenance or use of or <br />from any work or thing done in connection with the Demised <br />Premises and Capital Projects I and II by the City, or <br />(ii) any act of negligence by the City or of any of its <br />agents, contractors, employees, invitees, licensees, officers <br />or servants in connection with the Demised Premises and <br />Capital Projects I and II, provided that no indemnification <br />will be made for willful misconduct or negligence by the <br />Trustee. <br /> <br /> SECTION 8.04. Protection of the Trustee. The <br />Trustee shall be protected and shall incur no liability in <br />acting or proceeding in good faith upon any affidavit, bond, <br />certificate, consent, notice, request, requisition, <br />resolution, statement, telegram, voucher, waiver or other <br />paper or document which it shall in good faith believe to be <br />genuine and to have been adopted, executed or delivered by the <br />proper party or pursuant to any of the provisions hereof, and <br />the Trustee shall be under no duty to make any investigation <br />or inquiry as to any statements contained or matters referred <br />to in any such instrument, but may accept and rely upon the <br />same as conclusive evidence of the truth and accuracy of such <br />statements. The Trustee shall not be bound to recognize any <br />person as an Owner of any Certificate or to take any action at <br />the request of any such person unless such Certificate shall <br />be deposited with the Trustee or satisfactory evidence of the <br />ownership of such Certificate shall be furnished to the <br />Trustee. The Trustee may consult with counsel, who may be <br />counsel to the Corporation or the City, with regard to legal <br />questions, and the opinion of such counsel shall be full and <br />complete authorization and protection in respect to any action <br />taken or Suffered by it hereunder in good faith in accordance <br />therewith. <br /> <br /> The Trustee shall not be responsible for the <br />sufficiency of the Site Lease or the Facility Lease, or of the <br /> <br /> 41 <br />1451S <br /> <br /> <br />