Agenda - 11-16-2010 - 4k - Laserfiche WebLink

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• Section 11.03. Severability. If any provision of this Trust Agreement is determined to be unenforceable, that will not affect any other provision of this Trust Agreement. Section 11.04. Non-Business Days. If a Payment Date is not a Business Day, then payment will be made on the next Business Day, and no interest will accrue for the intervening period. When any other action is provided in this Trust Agreement to be done on a day or within a time period named, and the day or the last day of the period is not a Business Day, the action may be done on the next ensuing Business Day. Section 11.05. Governing Law; Forum. The parties intend that North Carolina law will govern this Trust Agreement. To the extent permitted by law, the parties agree that any action brought with respect to this Trust Agreement will be brought in the North Carolina General Court of Justice in Orange County, North Carolina. Section 11.06. Limitation on Liability of Officers and Agents. No officer, agent or employee of the Company, the County or the LGC will be subject to any personal liability or accountability by reason of such officer's execution of this Trust Agreement, the Bonds or any other documents related to the transactions contemplated hereby. Such officers or agents will be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section will not relieve an officer, agent or employee of the County or the Company from the performance of any official duty provided by law or this Trust Agreement. Section 11.07. Records. The Trustee will keep complete and accurate records of all moneys received and disbursed by it under this Trust Agreement, which will be available for inspection by the County, the Company and any Owner, or any of their agents at any time during regular business hours upon reasonable prior notice. Section 11.08. Binding Effect. This Trust Agreement will be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 11.09. Waiver of Notice. Whenever in this Trust Agreement the giving of notice is required, the giving of such notice may be waived in writing by the person entitled to receive such notice, and in any case the giving or receipt of such notice will not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 11.10. Counterparts. This Trust Agreement may be signed in several • counterparts, including separate counterparts. Each will be an original, but all of them together constitute the same instrument. Section 11.11. Definitions; Rules of Construction. Unless the context clearly requires otherwise, capitalized terms used in this Trust Agreement and not otherwise 30