Common use of Certain Duties, Rights and Responsibilities of Trustee Clause in Contracts

Certain Duties, Rights and Responsibilities of Trustee. (1) The Trustee shall undertake to perform such duties and only such duties, as are specifically set forth in this Indenture, and no implied covenants shall be read into this Indenture against the Trustee. (2) In the exercise of the rights, powers, and duties prescribed or conferred by the terms hereunder, the Trustee shall act honestly and in good faith with a view to the best interests of the Holders and exercise that degree of care, diligence and skill of a reasonably prudent trustee acting in such capacity. (3) In the absence of negligence or willful misconduct on the part of the Trustee, the Trustee may conclusively rely and act, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such certificates or opinions that by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture (but need not confirm or investigate the accuracy of mathematical calculations or other facts stated therein). (4) No provision of this Indenture shall be construed to relieve the Trustee from liability for the Trustee’s own negligent action, the Trustee’s own negligent failure to act, or the Trustee’s own willful misconduct, except that: (a) this subsection shall not be construed to limit the effect of Section 6.2(1), (2) or (3); (b) the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; (c) the Trustee shall not be liable with respect to any action taken or omitted to be taken by the Trustee in good faith in accordance with the direction of the Holders of not less than a majority in principal amount of the Notes at the time Outstanding 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; and (d) no provision contained in this Indenture shall require the Trustee to expend or risk the Trustee’s own funds or otherwise incur any financial liability in the performance of any of the Trustee’s duties or in the exercise of any of the Trustee’s rights or powers. (5) No provision of this Indenture shall be construed to relieve the Trustee from its duties, provided that: (a) any request or direction of the Issuer mentioned herein shall be sufficiently evidenced by an Issuer Request or Issuer Order and any resolution of the Board may be sufficiently evidenced by a Board Resolution; (b) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on the Trustee’s part, rely upon an Officer’s Certificate; (c) the Trustee may consult with counsel and the written advice of such counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by the Trustee hereunder in good faith and in reliance thereon; (d) subject to Section 6.2(3), the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as the Trustee may see fit, and, if the Trustee determines to make such further inquiry or investigation, the Trustee shall be entitled to examine the books, records and premises of the Issuer, personally or by agent or attorney at the expense of the Issuer and shall incur no liability of any kind by reason of such inquiry or investigation; (e) the Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Trustee shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by the Trustee hereunder; (f) the Trustee shall not be liable for any action taken, suffered or omitted by the Trustee in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon the Trustee by this Indenture; (g) the Trustee will disburse monies according to this Indenture only to the extent that monies have been deposited with the Trustee; (h) the Trustee may, in the absence of the Trustee’s willful misconduct, conclusively rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties; (i) the Trustee shall be under no obligation to exercise any of the rights or powers vested in the Trustee by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee security and indemnity satisfactory to the Trustee against the costs, expenses and liabilities which might be incurred by the Trustee in compliance with such request or direction; (j) in no event shall the Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee was advised of the likelihood of such loss or damage and regardless of the form of action; (k) the Trustee shall not be deemed to have notice of any Default or Event of Default unless a Responsible Officer of the Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the Trustee at the Corporate Trust Office of the Trustee, and such notice references the Notes and this Indenture; and (l) the rights, privileges, protections, immunities and benefits given to the Trustee, including, without limitation, the Trustee’s right to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereunder. (6) Whether or not therein and expressly so provided, except to the extent expressly provided herein to the contrary, every provision of this Indenture relating to the conduct or effecting the liability or affording protection to the Trustee shall be subject to the provisions of this Section 6.2.

Certain Duties, Rights and Responsibilities of Trustee. (1a) The Trustee or Trustees shall undertake to perform such duties and only such duties, as are specifically set forth in this Indenture, and no implied covenants shall be read into this Indenture against the TrusteeTrustee or Trustees. (2b) In the exercise of the rights, powers, and duties prescribed or conferred by the terms hereunder, the Trustee or Trustees shall act honestly and in good faith with a view to the best interests of the Holders and exercise that degree of care, diligence and skill of a reasonably prudent trustee acting in such capacity. (3c) In the absence of negligence or willful misconduct on the part of the TrusteeTrustee or Trustees, the Trustee or Trustees may conclusively rely and act, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee or Trustees and conforming to the requirements of this Indenture; but in the case of any such certificates or opinions that by any provision hereof are specifically required to be furnished to the TrusteeTrustee or Trustees, the Trustee or Trustees shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture (but need not confirm or investigate the accuracy of mathematical calculations or other facts stated therein). (4d) No provision of this Indenture shall be construed to relieve the Trustee or Trustees from liability for the such Trustee’s or Trustees’ own negligent action, the such Trustee’s or Trustees’ own negligent failure to act, or the such Trustee’s or Trustees’ own willful misconduct, except that: (ai) this subsection shall not be construed to limit the effect of Section 6.2(16.2(a), (2b) or (3c); (bii) the Trustee or Trustees shall not be liable for any error of judgment made in good faith by a Responsible Officer of the TrusteeTrustee or Trustees, unless it shall be proved that the such Trustee was or such Trustees were negligent in ascertaining the pertinent facts; (ciii) the Trustee or Trustees shall not be liable with respect to any action taken or omitted to be taken by the such Trustee or Trustees in good faith in accordance with the direction of the Holders of not less than a majority in principal amount of the Notes at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the TrusteeTrustee or Trustees, or exercising any trust or power conferred upon the Trustee or Trustees under this Indenture; and (div) no provision contained in this Indenture shall require the Trustee or Trustees to expend or risk the such Trustee’s or Trustees’ own funds or otherwise incur any financial liability in the performance of any of the such Trustee’s or Trustees’ duties or in the exercise of any of the such Trustee’s or Trustees’ rights or powers, if there is reasonable ground for believing that the repayment of such funds or liability is not reasonably assured to Trustee or Trustee under the terms of this Indenture or adequate indemnity against such risk is not reasonably assured to it. (5e) No provision of this Indenture shall be construed to relieve the Trustee or Trustees from its such Trustee’s or Trustees’ duties, except to the extent permitted by Trust Indenture Act and provided that: (ai) any request or direction of the Issuer Issuers mentioned herein shall be sufficiently evidenced by an Issuer Issuers Request or Issuer Issuers Order and any resolution of the Board may be sufficiently evidenced by a Board Resolution; (bii) whenever in the administration of this Indenture the Trustee or Trustees shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee or Trustees (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on the such Trustee’s or Trustees’ part, rely upon an Officer’s Certificate; (ciii) the Trustee or Trustees may consult with counsel and the written advice of such counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by the such Trustee or Trustees hereunder in good faith and in reliance thereon; (div) subject to Section 6.2(36.2(c), the Trustee or Trustees shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the TrusteeTrustee or Trustees, in its such Trustee’s or Trustees’ discretion, may make such further inquiry or investigation into such facts or matters as the such Trustee or Trustees may see fit, and, if the Trustee determines or Trustees shall determine to make such further inquiry or investigation, the such Trustee or Trustees shall be entitled to examine the books, records and premises of the IssuerIssuers, personally or by agent or attorney at the expense of the Issuer Issuers and shall incur no liability of any kind by reason of such inquiry or investigation; (ev) the Trustee or Trustees may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Trustee or Trustees shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by the such Trustee or Trustees hereunder; (fvi) the Trustee or Trustees shall not be liable for any action taken, suffered or omitted by the such Trustee or Trustees in good faith and believed by it such Trustee or Trustees to be authorized or within the discretion or rights or powers conferred upon the such Trustee or Trustee by this Indenture; (gvii) the Trustee or Trustees will disburse monies according to this Indenture only to the extent that monies have been deposited with the Trusteesuch Trustee or Trustees; (hviii) in the event that Bearer Notes are issued, the Trustee or Trustees, upon the occurrence or at any time during the continuance of any act, action or proceeding, may require the Holders at whose instance such Trustee is or Trustees are acting to deposit with such Trustee or Trustees Bearer Notes held by such Holders, for which the Trustee or Trustees shall issue receipts; (ix) the Trustee or Trustees may, in the absence of the such Trustee’s or Trustees’ willful misconduct, conclusively rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by the such Trustee or Trustees to be genuine and to have been signed or presented by the proper party or parties; (ix) the Trustee or Trustees shall be under no obligation to exercise any of the rights or powers vested in the such Trustee or Trustees by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee or Trustees security and or indemnity satisfactory to the Trustee or Trustees against the costs, expenses and liabilities which might be incurred by the such Trustee or Trustees in compliance with such request or direction; (jxi) in no event shall the Trustee or Trustees be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee was or Trustees have been advised of the likelihood of such loss or damage and regardless of the form of action; (kxii) the Trustee or Trustees shall not be deemed to have notice of any Default or Event of Default unless a Responsible Officer of the Trustee or Trustees has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the Trustee or Trustees at the Corporate Trust Office of the TrusteeTrustee or Trustees, and such notice references the Notes and this Indenture; and (lxiii) the rights, privileges, protections, immunities and benefits given to the TrusteeTrustee or Trustees, including, without limitation, the such Trustee’s or Trustees’ right to be indemnified, are extended to, and shall be enforceable by, the Trustee or Trustees in each of its such Trustee’s or Trustees’ capacities hereunder, and each agent, custodian and other Person employed to act hereunder. (6f) Whether or not therein and expressly so provided, except to the extent expressly provided herein to the contrary, every provision of this Indenture relating to the conduct or effecting the liability or affording protection to the Trustee or Trustees shall be subject to the provisions of this Section 6.2.

Certain Duties, Rights and Responsibilities of Trustee. (1a) The Trustee shall undertake to perform such duties and only such duties, as are specifically set forth in this Indenture, and no implied covenants shall be read into this Indenture against the Trustee. (2b) In the exercise of the rights, powers, and duties prescribed or conferred by the terms hereunder, the Trustee shall act honestly and in good faith with a view to the best interests of the Holders and exercise that degree of care, diligence and skill of a reasonably prudent trustee acting in such capacity. (3c) In the absence of negligence or willful misconduct bad faith on the part of the Trustee, the Trustee may conclusively rely and act, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such certificates or opinions that by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture (but need not confirm or investigate the accuracy of mathematical calculations or other facts stated therein)Indenture. (4d) No provision of this Indenture shall be construed to relieve the Trustee from liability for the Trustee’s its own negligent action, the Trustee’s its own negligent failure to act, or the Trustee’s its own willful misconduct, except that: (ai) this subsection shall not be construed to limit the effect of Section 6.2(1Sections 601(a), (2b) or (3c); (bii) the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; (ciii) the Trustee shall not be liable with respect to any action taken or omitted to be taken by the Trustee it in good faith in accordance with the direction of the Holders of not less than a majority in principal amount of the Notes Securities at the time Outstanding 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; and (div) no provision contained in this Indenture shall require the Trustee to expend or risk the Trustee’s its own funds or otherwise incur any financial liability in the performance of any of the Trustee’s its duties or in the exercise of any of the Trustee’s its rights or powers, if there is reasonable ground for believing that the repayment of such funds or liability is not reasonably assured to it under the terms of this Indenture or adequate indemnity against such risk is not reasonably assured to it. (5e) No provision of this Indenture shall be construed to relieve the Trustee from its duties, except to the extent permitted by Trust Indenture Legislation and provided that: (ai) any request or direction of the Issuer Company mentioned herein shall be sufficiently evidenced by an Issuer a Company Request or Issuer Company Order and any resolution of the Board of Directors may be sufficiently evidenced by a Board Resolution; (bii) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on the Trustee’s its part, rely upon an Officer’s Certificate; (ciii) the Trustee may consult with counsel and the written advice of such counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by the Trustee it hereunder in good faith and in reliance thereon; (div) subject to Section 6.2(3section 601(c), the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as the Trustee it may see fit, and, if the Trustee determines shall determine to make such further inquiry or investigation, the Trustee it shall be entitled to examine the books, records and premises of the IssuerCompany, personally or by agent or attorney at the expense of the Issuer and shall incur no liability of any kind by reason of such inquiry or investigationattorney; (ev) the Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Trustee shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by the Trustee it hereunder; (fvi) the Trustee shall not be liable for any action taken, suffered or omitted by the Trustee it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon the Trustee it by this Indenture; (gvii) the Trustee will disburse monies according to this Indenture only to the extent that monies have been deposited with the Trustee; (h) the Trustee may, in the absence of the Trustee’s willful misconduct, conclusively rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by the Trustee to be genuine and to have been signed or presented by the proper party or parties; (i) the Trustee shall be under no obligation to exercise any of the rights or powers vested in the Trustee by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee security and indemnity satisfactory to the Trustee against the costs, expenses and liabilities which might be incurred by the Trustee in compliance with such request or direction; (j) in no event shall the Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee was advised of the likelihood of such loss or damage and regardless of the form of action; (k) the Trustee shall not be deemed to have notice of any Default or Event of Default unless a Responsible Officer of the Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the Trustee at the Corporate Trust Office of the Trustee, and such notice references the Notes and this Indentureit; and (lviii) in the rightsevent that Bearer Securities are issued, privileges, protections, immunities and benefits given to the Trustee, includingupon the occurrence or at any time during the continuance of any act, without limitationaction or proceeding, may require the Trustee’s right Holders at whose instance it is acting to be indemnifieddeposit with it Bearer Securities held by them, are extended to, and shall be enforceable by, for which the Trustee in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereundershall issue receipts. (6f) Whether or not therein and expressly so provided, except to the extent expressly provided herein to the contrary, every provision of this Indenture relating to the conduct or effecting the liability or affording protection to the Trustee shall be subject to the provisions of this Section 6.2601.

Certain Duties, Rights and Responsibilities of Trustee. (1a) The Trustee shall undertake to perform such duties and only such duties, as are specifically set forth in this Indenture, and no implied covenants shall be read into this Indenture against the Trustee. (2b) In the exercise of the rights, powers, and duties prescribed or conferred by the terms hereunder, the Trustee shall act honestly and in good faith with a view to the best interests of the Holders and exercise that degree of care, diligence and skill of a reasonably prudent trustee acting in such capacity. (3c) In the absence of negligence or willful misconduct on the part of the Trustee, the Trustee may conclusively rely and act, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such certificates or opinions that by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture (but need not confirm or investigate the accuracy of mathematical calculations or other facts stated therein). (4d) No provision of this Indenture shall be construed to relieve the Trustee from liability for the Trustee’s its own negligent action, the Trustee’s its own negligent failure to act, or the Trustee’s its own willful misconduct, except that: (ai) this subsection shall not be construed to limit the effect of Section 6.2(1601(a), (2b) or (3c); (bii) the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer of the Trustee, unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; (ciii) the Trustee shall not be liable with respect to any action taken or omitted to be taken by the Trustee it in good faith in accordance with the direction of the Holders of not less than a majority in principal amount of the Notes Securities at the time Outstanding 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; and (div) no provision contained in this Indenture shall require the Trustee to expend or risk the Trustee’s its own funds or otherwise incur any financial liability in the performance of any of the Trustee’s its duties or in the exercise of any of the Trustee’s its rights or powers, if there is reasonable ground for believing that the repayment of such funds or liability is not reasonably assured to it under the terms of this Indenture or adequate indemnity against such risk is not reasonably assured to it. (5e) No provision of this Indenture shall be construed to relieve the Trustee from its duties, except to the extent permitted by Trust Indenture Legislation and provided that: (ai) any request or direction of the Issuer mentioned herein shall be sufficiently evidenced by an Issuer Request or Issuer Order and any resolution of the Board may be sufficiently evidenced by a Board Resolution; (bii) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on the Trustee’s its part, rely upon an Officer’s Certificate; (ciii) the Trustee may consult with counsel and the written advice of such counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by the Trustee it hereunder in good faith and in reliance thereon; (div) subject to Section 6.2(3601(c), the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as the Trustee it may see fit, and, if the Trustee determines shall determine to make such further inquiry or investigation, the Trustee it shall be entitled to examine the books, records and premises of the Issuer, personally or by agent or attorney at the expense of the Issuer and shall incur no liability of any kind by reason of such inquiry or investigation; (ev) the Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Trustee shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by the Trustee it hereunder; (fvi) the Trustee shall not be liable for any action taken, suffered or omitted by the Trustee it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon the Trustee it by this Indenture; (gvii) the Trustee will disburse monies according to this Indenture only to the extent that monies have been deposited with the Trusteeit; (hviii) in the event that Bearer Securities are issued, the Trustee, upon the occurrence or at any time during the continuance of any act, action or proceeding, may require the Holders at whose instance it is acting to deposit with it Bearer Securities held by them, for which the Trustee shall issue receipts; (ix) the Trustee may, in the absence of the Trustee’s its willful misconduct, conclusively rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by the Trustee it to be genuine and to have been signed or presented by the proper party or parties; (ix) the Trustee shall be under no obligation to exercise any of the rights or powers vested in the Trustee it by this Indenture at the request or direction of any of the Holders pursuant to this Indenture, unless such Holders shall have offered to the Trustee security and or indemnity satisfactory to the Trustee against the costs, expenses and liabilities which might be incurred by the Trustee it in compliance with such request or direction; (jxi) in no event shall the Trustee be responsible or liable for special, indirect, or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee was has been advised of the likelihood of such loss or damage and regardless of the form of action; (kxii) the Trustee shall not be deemed to have notice of any Default or Event of Default unless a Responsible Officer of the Trustee has actual knowledge thereof or unless written notice of any event which is in fact such a default is received by the Trustee at the Corporate Trust Office of the Trustee, and such notice references the Notes Securities and this Indenture; and (lxiii) the rights, privileges, protections, immunities and benefits given to the Trustee, including, without limitation, the Trustee’s its right to be indemnified, are extended to, and shall be enforceable by, the Trustee in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereunder. (6f) Whether or not therein and expressly so provided, except to the extent expressly provided herein to the contrary, every provision of this Indenture relating to the conduct or effecting the liability or affording protection to the Trustee shall be subject to the provisions of this Section 6.2601.