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Ord 1984-033
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Ord 1984-033
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8/30/2007 3:21:24 PM
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8/30/2007 3:21:24 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1984-33
Date
3/26/1984
Volume Book
64
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<br /> (f) The Bank may exercise any of the powers hereunder and <br />perform any duties hereunder either directly or by or through agents <br />or attorneys of the Bank. <br /> 5.03. Recitals of Issuer. The recitals contained herein and in <br />the Obligations shall be taken as the statements of the Issuer, and the <br />Bank assumes no responsibility for their correctness. <br /> The Bank shall in no event be liable to the Issuer, any Holder or <br />Holders or any other Person for any amount due on any Obligation from <br />its own funds. <br /> 5.04. May Hold Obligations. The Bank, in its individual or any <br />other capacity, may become the owner or pledgee of Obligations and may <br />otherwise deal with the Issuer with the same rights it would have if it <br />were not the Paying Agent/Registrar, or any other agent. <br /> 5.05. Money Held by Bank. Money held by the Bank hereunder need <br />not be segregated from any other funds provided appropriate accounts <br />are maintained. <br /> The Bank shall be under no liability for interest on any money <br />received by it hereunder. <br /> Any money deposited with the Bank for the payment of the <br />principal, premium (if any) or interest on any Obligation and <br />remaining unclaimed for four years after final maturity of the <br />Obligation has become due and payable will be paid by the Bank to the <br />Issuer, and the Holder of such Obligation shall thereafter look only <br />to the Issuer for payment thereof, and all liability of the Bank with <br />respect t? such monies shall thereupon cease. <br /> 5.06. Indemnification. The Issuer agrees to indemnify the Bank, <br />its officers, directors, employees and agents for, and hold them <br />harmless against, any loss, liability or expense incurred wi thout <br />negligence or bad faith on their part, arising out of or in connection <br />with its acceptance or administration of the Bank's duties hereunder, <br />including the cost and expense (including its counsel fees) of <br />defending itself against any claim or liability in connection with the <br />exercise or performance of any of its powers or duties under this <br />Agreement. <br /> 5.07. Interpleader. The Issuer and the Bank agree that the Bank <br />may seek adjudication of any adverse claim, demands or controversy <br />over its persons as well as funds on deposit, in either the District <br />Court of Travis County, Texas, or the united States Federal District <br />Court for the Western District of Texas, waive personal service of any <br />process, and agree that service of process by certified or registered <br />ma iI, r etur n receipt reques ted, to the addr ess set forth in thi s <br />Agreement shall constitute adequate service. The Issuer and the Bank <br /> -8- <br />
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