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NNRHA June 16, 2026 board meeting package

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(a) Prior to the occurrence of a default or an Event of Default of which the Responsible Officer has been notified, as provided in Section 6.02(f) hereof, or of which by that paragraph the Trustee is deemed to have notice, and after the cure or waiver of all defaults or Events of Default which may have occurred, (1) the Trustee undertakes to perform such duties and only such duties and obligations which are set forth specifically in this Indenture, and no duties or obligations shall be implied to the Trustee; and (2) in the absence of bad faith, willful misconduct, or gross negligence on its part, the Trustee may rely conclusively, as to the truth of the statements and the correctness of the opinions expressed therein, and shall be protected in acting upon any resolution, order, notice, request, consent, waiver, statement, affidavit, requisition, bond, certificates or opinions or other documents furnished to the Trustee and conforming to the requirements of this Indenture. (b) In case a default or an Event of Default has occurred and is continuing hereunder (of which the Responsible Officer has been notified, or is deemed to have notice as described in Section 6.02(f) hereof), the Trustee shall exercise those rights and powers vested in it by this Indenture and shall use the same degree of care and skill in their exercise, as a prudent person would ordinarily exercise or use under the circumstances in the conduct of such person鈥檚 own affairs. The Trustee shall not be liable for any action taken or omitted by it in the performance of its duties hereunder except for its own negligence or willful misconduct. (c) No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, except that: (1) this subsection shall not be construed to affect the limitation of the Trustee鈥檚 duties and obligations provided in subsection (a)(1) above or the Trustee鈥檚 right to rely on the truth of statements and the correctness of opinions as provided in subsection (a)(2) above; (2) the Trustee shall not be liable for any error of judgment made in good faith by any one of its officers, unless it shall be established that the Trustee was grossly negligent in ascertaining the pertinent facts; (3) the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Majority of the Holders of the Bonds relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, under this Indenture; (4) no provision of this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it; and (5) in no event shall the Trustee be liable for incidental, special, indirect, consequential or punitive damages or penalties (including but not limited to lost profits), even if the Trustee has been advised of the likelihood of such damages or penalty regardless of the form of action. 39
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