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directions and containing specimen signatures of such designated persons, which such <br />incumbency certificate shall be amended and replaced whenever a person is to be added <br />or deleted from the listing, If the Agency elects to give the Trustee e -mail or facsimile <br />instructions (or instructions by a similar electronic method) and the Trustee in its <br />discretion elects to act upon such instructions, the Trustee's understanding of such <br />instructions shall be deemed controlling. The Trustee shall not be liable for any losses, <br />costs or expenses arising directly or indirectly from the Trustee's reliance upon and <br />compliance with such instructions notwithstanding such instructions conflict or are <br />inconsistent with a subsequent written instruction. The Agency agrees to assume all risks <br />arising out of the use of such electronic methods to submit instructions and directions to <br />the Trustee, including without limitation the risk of the Trustee acting on unauthorized <br />instructions, and the risk of interception and misuse by third parties. <br />(q) The Trustee shall not be liable to the parties hereto or deemed in breach or <br />default hereunder if and to the extent its performance hereunder is prevented by reason of <br />force majeure. The term "force majeure" means an occurrence that is beyond the control <br />of the Trustee and could not have been avoided by exercising due care. Force majeure <br />shall include but not be limited to acts of God, terrorism, war, riots, strikes, fire, floods, <br />earthquakes, epidemics or other similar occurrences, <br />(r) To the fullest extent permitted by law and notwithstanding anything in this <br />Indenture to the contrary, the Trustee shall not be personally liable for (i) special, <br />consequential or punitive damages, however styled, including, without limitation, lost <br />profits or (ii) the acts or omissions of any nominee, correspondent, clearing agency, or <br />securities depository through which it holds securities or assets. <br />Section 7.03 Mercer or Consolidation. Any company into which the Trustee may be <br />merged or converted or with which it may be consolidated or any company resulting from any <br />merger, conversion or consolidation to which it shall be a party or any company to which the <br />Trustee may sell or transfer all or substantially all of its corporate trust business, provided such <br />company shall be eligible under subsection (e) of Section 7.02, shall succeed to the rights and <br />obligations of such Trustee without the execution or filing of any paper or any further act, <br />anything herein to the contrary notwithstanding. <br />Section 7.04 Compensation. The Agency shall pay to the Trustee a reasonable <br />compensation for its services rendered hereunder and reimburse the Trustee for reasonable <br />expenses, disbursements and advances, including attorney's and agent's fees and expenses, <br />incurred by the Trustee in the performance of its obligations hereunder. <br />The Agency agrees, to the extent permitted by law, to indemnify the Trustee and its <br />officers, directors, employees, attorneys and agents for, and to hold it harmless against, any loss, <br />liability or expense incurred without negligence or willful misconduct on its part arising out of or <br />in connection with (i) the acceptance or administration of the trusts imposed by the Indenture, <br />including performance of its duties hereunder, including the costs and expenses of defending <br />itself against any claims or liability in connection with the exercise or performance of any of its <br />powers or duties hereunder (ii) the Bonds; (iii) the sale of any Bonds and the carrying out of any <br />of the transactions contemplated by the Bonds; or (iv) any untrue statement of any material fact <br />44 <br />3 -62 <br />