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(p) The Trustee may consult with counsel and the advice of such counsel (which counsel may
be counsel for the Issuer or the Borrower) or any opinion given by such counsel shall be full and complete
authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith
and in reliance thereon.
(q) The Trustee shall have the right to accept and act upon instructions or directions from an
Authorized Official of the Issuer or the Borrower sent in the form of a manually signed document by
unsecured e-mail, facsimile transmission or other similar unsecured electronic methods. If the Issuer or the
Borrower elects to give the Trustee e-mail or facsimile instructions (or instructions by a similar electronic
method) and the Trustee in its discretion elects to act upon such instructions, the Trustee鈥檚 understanding
of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or
expenses arising directly or indirectly from the Trustee鈥檚 reliance upon and compliance with such
instructions notwithstanding that such instructions conflict or are inconsistent with a subsequent written
instruction. The Issuer or the Borrower, as the case may be, agrees to assume all risks arising out of the
use of such electronic methods to submit instructions and directions to the Trustee, including, without
limitation, the risk of the Trustee acting on unauthorized instructions and the risk of interception and misuse
by third parties.
(r) The Trustee shall have no duty to inspect or oversee the construction or completion of the
Improvements, to review or approve the Plans and Specifications or amendments thereto, or to verify the
truthfulness or accuracy of the certifications made by the Borrower or any contractor or architect in any
requisition or other written request for disbursement delivered pursuant to the Financing Documents or in
any other certificate delivered to the Trustee under the Loan Agreement or other Financing Document. The
Trustee is not required to obtain completion bonds or lien releases. The Trustee shall be under no
responsibility to approve, evaluate or determine the independence of any expert or other skilled person
selected by any party for any of the purposes expressed in the Financing Documents.
(s) The rights, privileges, protections, immunities and benefits given to the Trustee, including,
without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the Trustee in
each of its capacities hereunder. The Trustee鈥檚 immunities, rights, privileges, benefits and protections from
liability and its rights to indemnification in connection with the performance of its duties under this
Indenture shall likewise extend to and be enforceable by the Trustee鈥檚 officers, directors, agents, attorneys
and employees in each of its capacities hereunder. Such immunities and protections and rights to
indemnification, together with the Trustee鈥檚 rights to compensation, shall survive the Trustee鈥檚 resignation
or removal, the discharge of this Indenture and the final payment of the Bonds.
(t) In acting, suffering or omitting to act pursuant to the Bond Documents or any other
documents executed in connection herewith or therewith, the Trustee shall be entitled to all of the rights,
privileges, protections, benefits, immunities, powers and indemnities accorded to it under this Indenture
and the Loan Agreement, including, but not limited to, this Article VI.
(u) Delivery of any reports, information and documents to the Trustee under the Financing
Documents is for informational purposes only and the Trustee鈥檚 receipt of such shall not constitute
constructive notice of any information contained therein or determinable from information contained
therein, including the Issuer鈥檚 or Borrower鈥檚 compliance with any of its covenants under the Financing
Documents (as to which the Trustee is entitled to rely exclusively on certificates of officers of the Issuer or
the Borrower). The Trustee shall have no duty to review or make independent investigation with respect to
any of the foregoing received by the Trustee and shall hold the same solely as a repository.
Section 6.03 Fees, Charges and Expenses of Trustee, Registrar, Paying Agents and
Authenticating Agents. The Trustee, Registrar, Paying Agents and Authenticating Agents shall be entitled
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