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to the extent required by this Indenture or by law. Absent written direction provided to the Trustee pursuant
to Section 5.05 hereof, the Trustee shall not be responsible or liable for keeping money held by it hereunder
invested in any particular investment, and the Trustee shall not have any liability for interest on any money
received hereunder, except to the extent expressly provided herein.
(k) Any resolution of the Issuer, and any opinions, certificates and other instruments and
documents for which provision is made in this Indenture, may be accepted by the Trustee, in the absence
of bad faith on its part, as conclusive evidence of the facts and conclusions stated therein and shall be full
warrant, protection and authority to the Trustee for its actions taken or omitted to be taken hereunder.
(l) The Trustee shall be entitled to file proofs of claim in bankruptcy at the direction of the
Holders of at least 25% in aggregate principal amount of Bonds Outstanding. Trustee fees and expenses
are intended to constitute administrative expenses in bankruptcy.
(m) The permissive right of the Trustee to do things enumerated in this Indenture shall not be
construed as a duty. The duties and obligations of the Trustee shall be determined solely by the express
provisions of this Indenture, and the Trustee shall not be liable except for the performance of such duties
and obligations as are specifically set forth in this Indenture. No implied covenants or obligations shall be
read into this Indenture against the Trustee. Notwithstanding any provision herein, the Trustee shall have
no duty or obligation to the Borrower except as may be expressly set forth in this Indenture.
(n) The Trustee shall not be responsible or liable for any failure or delay in the performance of
its obligations under this Indenture arising or caused, directly or indirectly by circumstances beyond its
reasonable control including, without limitation, acts of God; earthquakes; fire; flood; hurricanes or other
storms; wars; terrorism; similar military disturbances; sabotage; epidemic; pandemic; riots; interruptions;
loss or malfunctions of utilities, communications services; failures; computer viruses or failures; power
failures; accidents; labor disputes; acts of civil or military authority or governmental action; it being
understood that the Trustee shall use commercially reasonable efforts which are consistent with accepted
practices in the banking industry to resume performance as soon as reasonably practicable under any such
circumstances.
(o) The Trustee shall not be obligated to acquire possession of or take any action with respect
to the Project, if as a result of such action, the Trustee would be considered to hold title to, to be a
“mortgagee in possession of,” or to be an “owner” or “operator” of the Project within the meaning of the
Comprehensive Environmental Responsibility Cleanup and Liability Act of 1980, as amended from time
to time, unless the Trustee has previously determined, based upon a report prepared by a person who
regularly conducts environmental audits, that (i) the Project is in compliance with applicable environmental
laws or, if not, that it would be in the best interest of the Holders to take such actions as are necessary for
the Project to comply therewith and (ii) there are not circumstances present at the Project relating to the
use, management or disposal of any hazardous wastes for which investigation, testing, monitoring,
containment, clean-up or remediation could be required under any federal, state or local law or regulation
or that if any such materials are present for which such action could be required, that it would be in the best
economic interest of the Holders to take such actions with respect to the Project. Notwithstanding anything
contained herein to the contrary, upon the occurrence and continuance of an Event of Default, before taking
any action which may subject the Trustee to liability under any environmental law, statute, regulation or
similar requirement relating to the environment, the Trustee may require that a satisfactory indemnity bond,
indemnity or environmental impairment insurance be furnished for the payment or reimbursement of all
costs and expenses to which it may be put (including reasonable attorneys’ fees, costs and expenses) and to
protect it against all liability resulting from any claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability) and costs and expenses which may result from such foreclosure or other
action (including reasonable attorneys’ fees, costs and expenses).
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