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Agenda - 11-16-2010 - 4k
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Agenda - 11-16-2010 - 4k
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11/16/2010 12:55:23 PM
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11/16/2010 12:55:08 PM
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BOCC
Date
11/16/2010
Meeting Type
Regular Meeting
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Agenda
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4k
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Minutes 11-16-2010
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\Board of County Commissioners\Minutes - Approved\2010's\2010
RES-2010-088 Resolution Providing Final Approval of Terms and Documents for County's 2010 Installment Refinancings and Equipment Refinancing
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\Board of County Commissioners\Resolutions\2010-2019\2010
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has reasonable grounds for believing that repayment of such funds or adequate <br />indemnity against such risk or liability is not reasonably assured to it. • <br />(e) Every provision of this Trust Agreement that in any way relates to the <br />Trustee is subject to all the provisions of this Section 9.01. <br />(f) The Trustee may refuse to perform any duty or exercise any right or power <br />unless it receives indemnity satisfactory to it against any loss, liability or expense, except <br />that the Trustee may not require indemnity as a condition to declaring the principal and <br />interest with respect to the Bonds to be due irrunediately under Section 8.02. No <br />permissive right of the Trustee shall be construed as a duty. <br />(g) The Trustee will not be liable for interest on any cash held by it except as <br />the Trustee may agree with the County. <br />(h) The Trustee will not be liable for any action it takes or omits to take in <br />good faith in reliance on advice from counsel as to legal matters. <br />(i) If an event occurs which with the giving of notice or lapse of time would be <br />an Event of Default, and if the event is continuing and if it is known to the Trustee, the <br />Trustee will so notify the Owners and the LGC within 15 days after such event becomes <br />known to the Trustee. • <br />(j) At any and all reasonable times, the Trustee and its agents will have the <br />right to inspect the Site, the Facilities and all books and records of the Company or of the <br />County related thereto. Notwithstanding anything in this Trust Agreement to the contrary, <br />the Trustee and its agents will have the right to require such additional evidence, <br />certificates or Opinions of Counsel as the Trustee may deem appropriate to establish the <br />County's right to the withdrawal of any funds held hereunder or to require the Trustee's <br />taking of any other action hereunder. <br />(k) The Trustee shall not be liable for any debts contracted or for damages to <br />persons or to property injured or damaged, or for salaries or nonfulfillment of contracts, <br />relating to the Facilities. <br />(1) The Trustee shall have no duty to inspect or oversee the construction or <br />completion of the Facilities. <br />(m) In any judicial proceeding to which the Company or the County is a party <br />and which in the Trustee's opinion has a substantial bearing on the interests of Owners, <br />the Trustee may intervene on the Owners' behalf, and will do so if requested in writing by <br />the Majority Owners, and the Trustee will have a lien therefor on any and all funds any <br />time held by it under this Trust Agreement. • <br />(n) The Trustee may act through agents or co-trustees. <br />23 <br />
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