Agenda - Council - 07/12/2022 - Laserfiche WebLink

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Company or the Charter School, or to report, or make or file claims or proof of loss for, any loss or damage insured against or that may occur, or to keep itself informed or advised as to the payment of any taxes or assessments, or to require any such payment to be made. Naming of the Trustee as a loss payee or additional insured under any insurance policy, or the furnishing to the Trustee of information relating thereto, shall not impose upon the Trustee any responsibility or duty to approve the form of such policy, the qualifications of the company issuing same or any other matters relating thereto. The Trustee shall not be responsible for the application of the proceeds of the Bonds, for the use or application of any property, or money released or paid out in accordance with the provisions of this Indenture or the Loan Agreement. Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bonds. (d) The Trustee shall not be accountable for the use of any Bonds authenticated or delivered hereunder. The Trustee may become the owner of Bonds secured hereby with the same rights which it would have if not the Trustee. (e) The Trustee shall be entitled to conclusively rely upon, and shall be protected in acting upon any notice, request, consent, certificate, order, affidavit, letter, telegram or other paper or document believed to be genuine and correct and to have been signed or sent by the proper person or persons, not only as to due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein. Any action taken by the Trustee pursuant to this Indenture upon the request or the consent of the Issuer, or any person who at the time of making such request or giving such consent is the Bondholder of any Bond shall be conclusive and binding upon all future owners of the same Bond and upon Bonds issued in place thereof. (f) As to the existence or nonexistence of any fact or as to the sufficiency or validity of any instrument,paper or proceeding, the Trustee shall be entitled to rely upon a certificate signed by the Issuer Representative or the Company Representative as sufficient evidence of the facts therein contained and prior to the occurrence of an Event of Default of which the Trustee has been notified as provided in Section 9.1(h)hereof, or of which by Section 9.1(h)hereof it is deemed to have notice, shall also be at liberty to accept a similar certificate to the effect that any particular dealing, transaction or action is necessary or expedient, but may at its discretion secure such further evidence deemed by it to be necessary or advisable, but shall in no case be bound to secure the same. The Trustee may accept a certificate of such officials of the Issuer who executed the Bonds (or their successors in office)to the effect that a resolution or ordinance in the form therein set forth has been adopted by the Issuer as conclusive evidence that such resolution or ordinance has been duly adopted and is in full force and effect. (g) The permissive right of the Trustee to do things enumerated in this Indenture or any Security Document shall not be construed as a duty, and the Trustee shall not be answerable for other than its negligence or willful misconduct and shall not be answerable for any negligent act of its attorneys,agents or receivers that have been selected by the Trustee with due care, subject to Section 9.1(a) of this Indenture. In no event shall the Trustee be responsible or liable for special, indirect, punitive, incidental or consequential loss or damage of any kind whatsoever(including,but not limited to, loss of 63 735810810