Common use of Facsimile and Electronic Transmissions Clause in Contracts

Facsimile and Electronic Transmissions. The Trustee agrees to accept and act upon instructions or directions pursuant to this Bond Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that (a) subsequent to such transmission of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions in a timely manner, (b) such originally executed instructions and/or directions shall be signed by a Person designated and authorized to sign for the party signing such instructions and/or directions, and (c) the Trustee shall have received an incumbency certificate listing such designated Persons and containing specimen signatures of such designated Persons, which such incumbency certificate shall be amended and replaced whenever a Person is to be added or deleted from the listing. If the Issuer or the Borrower elects to give the Trustee e-mail or facsimile instructions (or instructions by similar Electronic Means) and the Trustee in its discretion elects to act upon such instructions, the Trustee’s 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’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees (and by approving this Bond Indenture the Borrower agrees) to assume all risks arising out of the use of such Electronic Means 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.

Facsimile and Electronic Transmissions. The Trustee agrees Bond Trustee, as assignee of the Issuer, shall have the right to accept and act upon instructions, including funds transfer instructions or directions (“Instructions”) given pursuant to this Bond Indenture sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, Series 2022A Loan Agreement and delivered using Electronic Means; provided, however, that (a) subsequent the Borrower shall provide to such transmission of written instructions and/or directions the Bond Trustee shall forthwith receive the originally executed instructions and/or directions in a timely manner, (b) such originally executed instructions and/or directions shall be signed by a Person designated and authorized to sign for the party signing such instructions and/or directions, and (c) the Trustee shall have received an incumbency certificate listing officers with the authority to provide such designated Persons Instructions (“Authorized Officers”) and containing specimen signatures of such designated PersonsAuthorized Officers, which such incumbency certificate shall be amended and replaced by the Borrower whenever a Person person is to be added or deleted from the listing. If the Issuer or the Borrower elects to give the Bond Trustee e-mail or facsimile instructions (or instructions by similar Instructions using Electronic Means) Means and the Bond Trustee in its discretion elects to act upon such instructionsInstructions, the Bond Trustee’s understanding of such instructions Instructions shall be deemed controlling. The Borrower understands and agrees that the Bond Trustee cannot determine the identity of the actual sender of such Instructions and that the Bond Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Bond Trustee have been sent by such Authorized Officer. The Borrower shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Bond Trustee and that the Borrower and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Borrower. The Bond Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Bond Trustee’s reliance upon and compliance with such instructions Instructions notwithstanding that such instructions Instructions conflict or are inconsistent with a subsequent written instructionInstruction, subject to Section 9.01 of the Series 2022A Bond Indenture. The Issuer agrees (and by approving this Bond Indenture the Borrower agrees: (i) to assume all risks arising out of the use of such Electronic Means to submit instructions and directions Instructions to the Bond Trustee, including, including without limitation, limitation the risk of the Bond Trustee acting on unauthorized instructions Instructions, and the risk of interception and misuse by third parties.; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Bond Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Borrower; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Bond Trustee immediately upon learning of any compromise or unauthorized use of the security procedures. * * * ARTICLE TWO THE PROJECTS