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<br />36 <br />4846-5351-8811v3/200434-0005 <br />(e) The Trustee shall not be responsible for the application or handling by the <br />City of any moneys transferred to or pursuant to any requisition or request of the City in accordance <br />with the terms and conditions hereof. <br />(f) Whether or not therein expressly so provided, every provision of this Trust <br />Agreement relating to the conduct or affecting the liability of or affording protection to the Trustee <br />shall be subject to the provisions of this Article XII. <br />(g) The Trustee shall be protected in acting upon any notice, resolution, request, <br />consent, order, certificate, report, facsimile transmission, electronic mail, opinion, note or other paper <br />or document believed by it to be genuine and to have been signed or presented by the proper party or <br />parties. <br />(h) The Trustee shall not be considered in breach of or in default in its <br />obligations 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 government, <br />acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, <br />earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of <br />labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or <br />arbitration involving a party or others relating to zoning or other governmental action or inaction <br />pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays <br />of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the <br />control of the Trustee. <br />(i) The Trustee agrees to accept and act upon facsimile transmission of written <br />instructions and/or directions pursuant to this Trust Agreement provided, however, that: <br />(x) subsequent to such facsimile transmission of written instructions and/or directions the Trustee <br />shall forthwith receive the originally executed instructions and/or directions, (y) 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 (z) the Trustee shall <br />have received a current incumbency certificate containing the specimen signature of such designated <br />person. <br />Section 12.04 Individual Rights of Trustee. The Trustee in its individual or any other <br />capacity may become the owner or pledgee of Bonds and may otherwise deal with the City with the <br />same rights it would have if it were not Trustee. Any Paying Agent or other agent may do the same <br />with like rights. <br />Section 12.05 Trustee’s Disclaimer. The Trustee makes no representations as to the <br />validity or adequacy of this Trust Agreement or the Bonds, it shall not be accountable for the City’s <br />use of the proceeds from the Bonds paid to the City and it shall not be responsible for any statement <br />in any official statement or other disclosure document or in the Bonds other than its certificate of <br />authentication. <br />Section 12.06 Notice of Defaults. If an event occurs which with the giving of notice or <br />lapse of time or both would be an Event of Default, and if the event is continuing and if it is actually <br />known to the Trustee, the Trustee shall mail to each Bondholder notice of the event within 90 days <br />after it occurs. Except in the case of a default in payment or purchase on any Bonds, the Trustee may