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. discretion may assess reasonable costs, including reasonable attorneys' fees, against any <br />party litigant in the suit, having due regard to the merits and good faith of the claims or <br />defenses made by the parry litigant. This Section does not apply to a suit by the Trustee <br />or any authorized suit by any Owner or Owners. <br />ARTICLE IX <br />THE TRUSTEE <br />Section 9.01. Rights and Duties. <br />(a) If an Event of Default has occurred and is continuing, the Trustee must <br />exercise its rights and powers and use the same degree of care and skill in their exercise <br />as a prudent person would exercise or use under the circumstances in the conduct of such <br />person's own affairs. <br />(b) Not later than December 1 of each year, the Trustee will notify the LGC of <br />the principal amount of Bonds Outstanding as of the preceding June 30. <br />(c) Except during the continuance of an Event of Default: <br />(i) the Trustee need perform only those duties that are specifically set <br />forth in this Trust Agreement and no other; and <br />(ii) in the absence of bad faith on its part, the Trustee may conclusively <br />rely, as to the truth of the statements and the correctness of the opinions expressed, <br />upon certificates or opinions furnished to the Trustee and conforming to the <br />requirements of this Trust Agreement which the Trustee actually and in good faith <br />believes to be genuine and to have been signed or presented by the proper person. <br />The Trustee, however, must examine the certificates and opinions to determine <br />whether they conform to the requirements of this Trust Agreement. <br />(d) The Trustee may not be relieved from liability for its own negligent action, <br />its own negligent failure to act or its own willful misconduct, except that: <br />(i) this paragraph does not limit the effect of subsection (a) above; <br />(ii) the Trustee will not be liable with respect to any action it takes or <br />omits to take in good faith in accordance with a direction received by it pursuant <br />to Section 8.05; and <br />• (iii) no provision of this Trust Agreement requires the Trustee.to expend <br />or risk its own funds or otherwise incur any financial liability in the performance <br />of any of its duties hereunder or in the exercise of any of its rights or powers, if it <br />22 <br />