Common use of Evidence, Experts and Advisers Clause in Contracts

Evidence, Experts and Advisers. (1) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation shall furnish to the Trustee such additional evidence of compliance with any provision hereof, and in such form, as may be prescribed by Applicable Legislation or as the Trustee may reasonably require by written notice to the Corporation. (2) In the exercise of its rights and duties hereunder the Trustee may, if it is acting in good faith, rely as to due execution and as to the truth of the statements and the accuracy of the opinions expressed therein, upon statutory declarations, opinions, reports, certificates or other evidence furnished to the Trustee pursuant to any provision hereof or pursuant to a request of the Trustee. (3) The Trustee may employ or retain such counsel, accountants, engineers, appraisers, or other experts or advisers as it may reasonably require for the purpose of discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3, without taxation of costs of any counsel, and shall not be responsible for any misconduct on the part of any of them who has been selected with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.

Evidence, Experts and Advisers. (1a) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation shall Company will furnish to the Trustee such additional evidence of compliance with any provision hereofof this Indenture, and in such form, as may be is prescribed by Applicable Legislation or as the Trustee may reasonably require requires by written notice to the CorporationCompany. (2b) In the exercise of its rights and duties hereunder any right or duty under this Indenture the Trustee mayTrustee, if it is acting in good faith, may rely as to due execution and the authority of the person signing and, as to the truth of the statements and any statement or the accuracy of the opinions any opinion expressed therein, upon on any statutory declarationsdeclaration, opinionsopinion, reportsreport, certificates certificate or other evidence furnished to the Trustee pursuant to any provision hereof of this Indenture or of Applicable Legislation or pursuant to a request of the Trustee. (3c) Whenever Applicable Legislation requires that evidence referred to in Paragraph 11.3(a) be in the form of a statutory declaration, the Trustee may accept the statutory declaration in lieu of a certificate of the Company required by any provision of this Indenture. (d) Any statutory declaration may be made by one or more of the chairman, president or secretary of the Company. (e) The Trustee may may, at the expense of the Company, employ or retain such counsel, accountants, engineers, appraisers, or other experts or advisers as it may reasonably require requires for the purpose of discharging its duties hereunder under this Indenture and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3them, without taxation of costs of any counsel, and shall will not be responsible for any misconduct or negligence on the part of any of them who has been selected with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.

Evidence, Experts and Advisers. (1a) In addition to the reports, certificates, opinions and other evidence required by this IndentureAgreement, the Corporation Company shall furnish to the Trustee Warrant Agent such additional evidence of compliance with any provision hereofof this Agreement, and in such form, as may be prescribed by Applicable Legislation law or as the Trustee Warrant Agent may reasonably require by written notice to the CorporationCompany. (2b) In the exercise absence of bad faith on its rights and duties hereunder part, the Trustee mayWarrant Agent may conclusively rely, if it is acting in good faith, rely as to due execution and as to the truth of the statements and the accuracy correctness of the opinions expressed therein, upon statutory declarationscertificates, opinions, reports, certificates resolutions or other evidence opinions furnished to the Trustee pursuant Warrant Agent and conforming to the requirements of this Agreement. The Warrant Agent shall incur no liability or responsibility to the Company or to any provision hereof holder for any action taken in reliance on any Global Warrant Certificate, certificate of shares, notice, resolution, waiver, consent, order, certificate, or pursuant other paper, document or instrument (whether in its original or facsimile form) believed by it to be genuine and to have been signed, sent or presented by the proper party or parties, except as a request result of the Trusteeits gross negligence, bad faith or willful misconduct. (3c) The Trustee Warrant Agent may employ or retain such counsel, accountants, engineers, appraisers, appraisers or other experts or advisers as it may reasonably require for the purpose of discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them them, payable by the Corporation Company in accordance with section 6.3Section 6.2, without taxation of costs of any counsel, and shall not be responsible for any misconduct or negligence on the part of any of them such experts or advisers who has have been selected appointed with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.the

Evidence, Experts and Advisers. (1) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation Company shall furnish to the Trustee such additional evidence of compliance with any provision hereof, and in such form, as may be prescribed by Applicable Indenture Legislation or as the Trustee may reasonably require by written notice to the CorporationCompany. (2) In the exercise of its rights and duties hereunder hereunder, the Trustee may, if it is acting in good faith, rely as to due execution and as to the truth of the statements and the accuracy of the opinions expressed therein, upon in statutory declarations, opinions, reports, written requests, consents, or orders of the Company, certificates of the Company or other evidence furnished to the Trustee pursuant to any provision hereof or any Indenture Legislation or pursuant to a request of the Trustee, not only as to its due execution and the validity and effectiveness of its provisions, but also to the truth and acceptability of any information therein contained which the Trustee in good faith believes to be genuine. (3) Proof of the execution of an instrument in writing, including a Holders’ Request, by any Holder may be made by the certificate of a notary public, or other officer with similar powers, that the person signing such instrument acknowledged to it the execution thereof, or by an affidavit of a witness to such execution or in any other manner which the Trustee may consider adequate. (4) The Trustee may may, at the expense of the Company employ or retain such counsel, accountants, engineers, appraisers, appraisers or other experts or advisers as it may reasonably require for the purpose of discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3them, without taxation of costs of any counsel, and shall not be responsible for any misconduct or negligence on the part of any of them such experts or advisers who has have been selected appointed with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.

Evidence, Experts and Advisers. (1a) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation shall Company will furnish to the Trustee such additional evidence of compliance with any provision hereofof this Indenture, and in such form, as may be is prescribed by Applicable Legislation or as the Trustee may reasonably require requires by written notice to the CorporationCompany. (2b) In the exercise of its rights and duties hereunder any right or duty under this Indenture the Trustee mayTrustee, if it is acting in good faith, rely as to due execution and may rely, as to the truth of the statements and any statement or the accuracy of the opinions any opinion expressed therein, upon on any statutory declarationsdeclaration, opinionsopinion, reportsreport, certificates certificate or other evidence furnished to the Trustee pursuant to any provision hereof of this Indenture or of Applicable Legislation or pursuant to a request of the Trustee. (3c) Whenever Applicable Legislation requires that evidence referred to in Paragraph 11.3(a) be in the form of a statutory declaration, the Trustee may accept the statutory declaration in lieu of a certificate of the Company required by any provision of this Indenture. (d) Any statutory declaration may be made by one or more of the chairman, president or secretary of the Company. (e) The Trustee may may, at the expense of the Company, employ or retain such counsel, accountants, engineers, appraisers, or other experts or advisers as it may reasonably require requires for the purpose of discharging its duties hereunder under this Indenture and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3them, without taxation of costs of any counsel, and shall will not be responsible for any misconduct or negligence on the part of any of them who has been selected with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.

Evidence, Experts and Advisers. (1) In addition to the reports, certificates, opinions opinions, statutory declarations and other evidence required by this Indenture, the Corporation shall furnish to the Trustee such additional evidence of compliance with any provision provisions hereof, and in such form, as may be prescribed by Applicable Indenture Legislation or as the Trustee may reasonably require by written notice to the Corporation. (2) In the exercise of its rights The Trustee shall be protected in acting and duties hereunder the Trustee mayrelying upon any written notice, if it is acting in good faithrequest, rely waiver, consent, certificate, receipt, statutory declaration, opinion, report or other paper or document furnished to it, not only as to its due execution and the validity and the effectiveness of its provisions, but also as to the truth of the statements truth, acceptability and the accuracy of the opinions expressed therein, upon statutory declarations, opinions, reports, certificates or other evidence furnished any information therein contained which it in good faith believes to the Trustee pursuant be genuine and what it purports to any provision hereof or pursuant to a request of the Trusteebe. (3) The Trustee may employ or retain such counsel, which may be counsel to the Corporation, auditors, accountants, engineers, appraisers, appraisers or other experts or advisers advisors whose qualifications give authority to any opinion or report made by them, as it may reasonably require for the purpose of determining and discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3, without taxation of costs of any counsel, and shall not be responsible for any misconduct on the part of any of them who has been selected with due care by the Trustee. (4) them. The Trustee may as a condition precedent pay reasonable remuneration to any action to be taken by it under this Indenture require such opinionscounsel, statutory declarationsauditors, reportsaccountants, certificates appraisers or other evidence as it, acting reasonably, considers necessary experts or advisable advisors and the Corporation shall reimburse the Trustee for such costs in the circumstancesaccordance with section 5.5.

Evidence, Experts and Advisers. (1a) In addition to the reports, certificates, opinions and other evidence required by this Indenture, the Corporation shall Company will furnish to the Trustee such additional evidence of compliance with any provision hereofof this Indenture, and in such form, as may be is prescribed by Applicable Legislation or as the Trustee may reasonably require requires by written notice to the CorporationCompany. (2b) In the exercise of its rights and duties hereunder any right or duty under this Indenture the Trustee mayTrustee, if it is acting in good faith, rely as to due execution and may rely, as to the truth of the statements and any statement or the accuracy of the opinions any opinion expressed therein, upon on any statutory declarationsdeclaration, opinionsopinion, reportsreport, certificates certificate or other evidence furnished to the Trustee pursuant to any provision hereof of this Indenture or of Applicable Legislation or pursuant to a request of the Trustee. (3c) Whenever Applicable Legislation requires that evidence referred to in Paragraph 11.3(a) be in the form of a statutory declaration, the Trustee may accept the statutory declaration in lieu of a certificate of the Company required by any provision of this Indenture. (d) Any statutory declaration may be made by one or more of the senior officers or directors of the Company. (e) The Trustee may may, at the expense of the Company, employ or retain such counsel, accountants, engineers, appraisers, or other experts or advisers as it may reasonably require requires for the purpose of discharging its duties hereunder under this Indenture and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3them, without taxation of costs of any counsel, and shall will not be responsible for any misconduct or negligence on the part of any of them who has been selected with due care by the Trustee. (4) The Trustee may as a condition precedent to any action to be taken by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable in the circumstances.

Evidence, Experts and Advisers. (1) In addition to the reports, certificates, opinions opinions, statutory declarations and other evidence required by this Indenture, the Corporation shall furnish to the Trustee such additional evidence of compliance with any provision provisions hereof, and in such form, as may be prescribed by Applicable Indenture Legislation or as the Trustee may reasonably require by written notice to the Corporation. (2) In the exercise of its rights rights, duties and duties hereunder obligations, the Trustee may, if it is acting in good faith, act and rely as to due execution and as to the truth of the statements and the accuracy of the opinions expressed therein, upon statutory declarations, opinions, reports, certificates or other evidence furnished referred to in subsection 12.4(1) provided that the Trustee pursuant to any provision hereof or pursuant to a request examines the same and determines that such evidence complies with the applicable requirements of the Trusteethis Indenture and of Indenture Legislation. (3) The Trustee may employ or retain such counselCounsel, auditors, accountants, engineersagents, appraisers, brokers or other experts or advisers advisers, whose qualifications give authority to any advice, opinion or report made by them as it may reasonably require for the purpose of determining and discharging its duties hereunder and may pay reasonable remuneration for all services so performed by any of them payable by the Corporation in accordance with section 6.3hereunder, without taxation of costs of any counsel, and shall not be responsible for any misconduct on the part of any of them who has been selected with due care them, and the Trustee may act and rely on the advice, opinion or report of any such expert or advisor and shall not be responsible for any loss occasioned by the Trustee. (4) so acting and relying, unless such action was taken in bad faith or such action constitutes gross negligence or wilful misconduct. The Trustee may as a condition precedent to any action pay reasonable remuneration for all services performed for it in the discharge of the trusts hereof by such Counsel, auditors, accountants, agents, appraisers, brokers or other experts or advisors, such remuneration to be taken repaid to the Trustee by it under this Indenture require such opinions, statutory declarations, reports, certificates or other evidence as it, acting reasonably, considers necessary or advisable the Corporation in the circumstancesaccordance with Section 6.5.