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• Section 9.02. Trustee's Individual Rights. The Trustee in its individual or any <br />other capacity may become the Owner or pledgee of Bonds and may otherwise deal with <br />the Company or with the County or its affiliates with the same rights it would have if it <br />were not Trustee. <br />Section 9.03. Disclaimer. The Trustee makes no representation as to the validity <br />or adequacy of this Trust Agreement or the Bonds, and the Trustee is not accountable for <br />the County's use of the proceeds from the Bonds. <br />Section 9.04. Eligibility. The Company will maintain a Trustee for this Trust <br />Agreement that is a corporation organized and doing business under the laws of the <br />United States or any state or the District of Columbia, is authorized under such laws and <br />the laws of the State to exercise corporate trust powers, is subject to supervision or <br />examination by the United States, any state or the District of Columbia and has a <br />combined capital and surplus of at least $100,000,000 as set forth in its most recent <br />published annual report of condition. <br />Section 9.05. Resignation; Removal; Replacement. The Trustee may resign at <br />any time by delivering notice of its resignation to the County at least 30 days prior to the <br />effective date of the resignation. The County may remove the Trustee at any time by <br />delivering notice of the removal to the removed Trustee at least 30 days prior to the <br />• effective date of the removal, so long as no Event of Default is continuing at the time the <br />County sends the notice. The Majority Owners may remove the Trustee at any time by <br />delivering notice of the removal to the County and the removed Trustee at least 30 days <br />prior to the effective date of the removal, and may at the same time (or at any time during <br />the 30-day notice period) appoint a new Trustee by notice to the County and the removed <br />Trustee. <br />If the Trustee resigns or is removed or if a vacancy exists in the office of Trustee <br />for any reason, the County shall promptly appoint a successor Trustee (except when that <br />right is exercised by the Majority Owners as described in the preceding paragraph). No <br />corporation will be eligible for appointment as successor Trustee unless such corporation <br />(a) meets the requirements of Section 9.04 and (b) is approved by the LGC for service as <br />Trustee under this Agreement. <br />A successor Trustee will deliver a written acceptance of its appointment to the <br />retiring Trustee and to the County. Immediately thereafter, the retiring Trustee will <br />transfer all property held by it as Trustee to the successor Trustee; the resignation or <br />removal of the retiring Trustee will then (but only then) become effective, and the <br />successor Trustee will have all the rights, powers and duties of the Trustee under this <br />Trust Agreement. <br />• If the Trustee fails to comply with Section 9.04, the County or any Owner may <br />petition any court of competent jurisdiction for the removal of the Trustee and the <br />appointment of a successor Trustee. <br />24 <br />