Common use of Indemnification of Trustee as Condition for Remedial Action Clause in Contracts

Indemnification of Trustee as Condition for Remedial Action. The Trustee shall be under no obligation to institute any suit or to take any remedial proceeding (including, but not limited to, the appointment of a receiver or the acceleration of the maturity date of any or all Bonds under this Trust Agreement) or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to take any steps in the execution of any of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified, to the extent permitted by law, to its satisfaction against any and all costs and expenses, outlays and counsel fees, costs and expenses and other reasonable disbursements, and against all liability; including, but not limited to, any liability arising directly or indirectly under any federal, state or local statute, rule, law or ordinance related to the protection of the environment or hazardous substances. The Trustee nevertheless may begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as such Trustee, without indemnity, and in such case the City, at the request of the Trustee, shall reimburse the trustee for all costs, expenses, outlays and counsel fees, costs and expenses and other reasonable disbursements properly incurred in connection therewith. If the City shall fail to make such reimbursement, the Trustee may reimburse itself from any money in its possession under the provisions of this Trust Agreement and shall be entitled to a preference therefor over any Bonds Outstanding.

Indemnification of Trustee as Condition for Remedial Action. The Trustee shall be under no obligation to institute any suit or to take any remedial proceeding (including, but not limited to, the appointment of a receiver or the acceleration of the maturity date of any or all Bonds Bonds) under this Trust Agreement) Agreement or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to take any steps in the execution of any of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified, to the extent permitted by law, indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees, costs and expenses fees and other reasonable disbursements, and against all liability; including, but not limited to, any liability arising directly or indirectly under any federal, state or local statute, rule, law or ordinance related to the protection of the environment or hazardous substances. The Trustee nevertheless may begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as such Trustee, without indemnity, and in such case the CityDistrict, at the request of the Trustee, shall reimburse the trustee Trustee from the revenues of the District, for all costs, expenses, outlays and counsel fees, costs and expenses fees and other reasonable disbursements properly incurred in connection therewith. If the City District shall fail to make such reimbursement, the Trustee may reimburse itself from any money in its possession under the provisions of this Trust Agreement and shall be entitled to a preference therefor over any Bonds OutstandingOutstanding hereunder.

Indemnification of Trustee as Condition for Remedial Action. The Trustee shall be under no obligation to institute any suit suit, or to take any remedial proceeding (including, but not limited to, the appointment of a receiver or the acceleration of the maturity date of any or all Bonds under this Trust Agreement) Indenture, or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to take any steps in the execution of any of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified, to the extent permitted by law, indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees, costs and expenses fees and other reasonable disbursements, and against all liability; includingthe Trustee may, but not limited tonevertheless, any liability arising directly or indirectly under any federal, state or local statute, rule, law or ordinance related to the protection of the environment or hazardous substances. The Trustee nevertheless may begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as such Trustee, without indemnity, and in such case the City, at Trustee shall be reimbursed from the request of Additional Payments required to be made pursuant to the Trustee, shall reimburse the trustee Participation Agreement for all costs, costs and expenses, outlays and counsel fees, costs and expenses fees and other reasonable disbursements properly incurred in connection therewith. If the City Company shall fail to make such reimbursement, the Trustee may reimburse itself from any money monies in its possession under the provisions of this Trust Agreement Indenture and shall be entitled to a preference therefor over any Bonds Outstandingthe Bonds; provided, however, that the proceeds of a Support Facility shall be applied solely as set forth elsewhere herein and in such Support Facility and shall not be applied to the reimbursement set forth in this Section 11.02.

Indemnification of Trustee as Condition for Remedial Action. The Trustee shall be under no obligation to institute any suit or to take any remedial proceeding (including, but not limited to, in the appointment Event of a receiver or the acceleration of the maturity date of any or all Bonds Default under this Trust Agreement) Indenture or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to take any steps in the execution of any of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified, to the extent permitted by law, indemnified to its reasonable satisfaction against any and all costs and reasonable costs, expenses, outlays and reasonable counsel fees, costs and expenses fees and other reasonable disbursements, and against all liability; including, but not limited to, any liability arising directly or indirectly under any federal, state or local statute, rule, law or ordinance related to the protection which may reasonably arise out of the environment or hazardous substancesremedial proceeding proposed to be taken. The Trustee nevertheless may may, in its sole discretion, but is not required to, begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as such Trustee, without indemnity, and in such case the City, at the request of the Trustee, Trustee shall reimburse the trustee for all costs, expenses, outlays and counsel fees, costs and expenses and other reasonable disbursements properly incurred in connection therewith. If the City shall fail be entitled to make such reimbursement, the Trustee may reimburse itself reimbursement from any money in its possession under the provisions of this Trust Agreement Indenture and shall be entitled to a preference therefor over any Bonds OutstandingNotes Outstanding hereunder.