Common use of Payment of Fees and Expenses of the Trustee Clause in Contracts

Payment of Fees and Expenses of the Trustee. CDOT shall pay as Additional Rentals the reasonable fees and expenses of the Trustee in connection with this Lease, the Leased Property, the Indenture, the Certificates, the Site Lease or any matter related thereto as set forth in the fee letter of the Trustee delivered to CDOT on or before the date of this Lease, as the same may be amended with the consent of CDOT. Such fees and expenses shall include, but shall not be limited to, costs of defending any claim or action brought against the Trustee or its directors, officers, employees or agents relating to the foregoing. CDOT shall not, however, pay any fees or expenses incurred in connection with any action or omission, or any liability incurred in connection with any action or omission, that constituted willful misconduct or negligence of the Trustee or its directors, officers, employees or agents. This agreement to reimburse the Trustee’s legal expenses is not an indemnification and it is expressly understood that CDOT is not indemnifying the Trustee, and such reimbursement of the Trustee’s reasonable fees and expenses is limited, as applicable, to Net Proceeds or moneys, if any, for which an Allocation has been effected.

Appears in 2 contracts

Samples: Lease Purchase Agreement, Headquarters Facilities Lease Purchase Agreement

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Payment of Fees and Expenses of the Trustee. CDOT The County shall pay as Additional Rentals the reasonable fees and expenses of the Trustee (subject to any agreement with the Trustee limiting the amount of such fees and expenses) in connection with the Leased Property, this Lease, the Leased PropertySite Lease, the Indenture, the Certificates, the Site Lease Refunding Project or any matter related thereto as set forth in the fee letter of the Trustee delivered to CDOT on or before the date of this Leasethereto, as the same may be amended with the consent of CDOT. Such fees and expenses shall includeincluding, but shall not be limited to, costs of defending any claim or action brought against the Trustee or its directors, officers, employees directors or agents officers (other than claims or actions brought by the County) relating to the foregoing. CDOT shall not, excepting, however, pay any fees or expenses incurred in connection with liability for any action constituting willful or omission, or any liability incurred in connection with any action or omission, that constituted willful wanton misconduct or negligence of the Trustee or its directorsdirectors or officers. The Trustee shall be entitled to payment of or reimbursement for reasonable fees for its ordinary services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and all advances, officersagent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, employees in the event that it should become necessary for the Trustee to perform extraordinary services, the Trustee shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or agents. This agreement to reimburse extraordinary expenses are occasioned by the Trustee’s legal expenses is not an indemnification and it is expressly understood that CDOT is not indemnifying the Trustee, and such reimbursement negligence or willful misconduct of the Trustee’s reasonable fees and expenses is limited, as applicable, Trustee it shall not be entitled to Net Proceeds compensation or moneys, if any, for which an Allocation has been effectedreimbursement therefore.

Appears in 1 contract

Samples: Lease Purchase Agreement

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Payment of Fees and Expenses of the Trustee. CDOT The County shall pay as Additional Rentals the reasonable fees and expenses of the Trustee (subject to any agreement with the Trustee limiting the amount of such fees and expenses) in connection with this Lease, the Leased Property, the Project, this Lease, the Site Lease, the Indenture, the Certificates, the Site Lease Certificates or any matter related thereto as set forth in the fee letter of the Trustee delivered to CDOT on or before the date of this Leasethereto, as the same may be amended with the consent of CDOT. Such fees and expenses shall includeincluding, but shall not be limited to, costs of defending any claim or action brought against the Trustee or its directors, officers, employees directors or agents officers (other than claims or actions brought by the County) relating to the foregoing. CDOT shall not, excepting, however, pay any fees or expenses incurred in connection with liability for any action constituting willful or omission, or any liability incurred in connection with any action or omission, that constituted willful wanton misconduct or negligence of the Trustee or its directorsdirectors or officers. The Trustee shall be entitled to payment of or reimbursement for reasonable fees for its ordinary services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and all advances, officersagent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, employees in the event that it should become necessary for the Trustee to perform extraordinary services, the Trustee shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or agents. This agreement to reimburse extraordinary expenses are occasioned by the Trustee’s legal expenses is not an indemnification and it is expressly understood that CDOT is not indemnifying the Trustee, and such reimbursement negligence or willful misconduct of the Trustee’s reasonable fees and expenses is limited, as applicable, Trustee it shall not be entitled to Net Proceeds compensation or moneys, if any, for which an Allocation has been effectedreimbursement therefore.

Appears in 1 contract

Samples: Lease Purchase Agreement

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