Ord 1994-059 - Laserfiche WebLink

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I Z~AV (c) Subject to any unclaimed property laws of the State of Texas, any money deposited with the Bank for the payment of the principal, redemption premium, if any, or interest on any Bond and remaining unclaimed for three years after final maturity of the Bond has become due and payable will be paid by the Bank to the Issuer, and the Owner of such Bond shall thereafter look only to the Issuer for payment thereof, and all liability of the Bank with respect to such monies shall thereupon cease. Section 5.06. Indemnification. The Issuer agrees to indemnify the Bank, its officers, directors, employees and agents for, and hold them harmless against, any loss, liability or expense ip.curred without negligence or bad faith on their part, arising out of or in connection with its acceptance or administration of the Bank's duties hereunder, including the cost and expense (including its counsel fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement, to the extent allowed by law. Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may seek adjudication of any adverse claim, demands or controversy over its persons as well as funds on deposit in a court of competent jurisdiction; waive personal service of any process; and agree that service of process by certified or registered mail, return receipt requested, to the address set forth in this Agreement shall constitute adequate service. The Issuer and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein. ARTICLE SIX MISCELLANEOUS PROVISIONS . Section 6.01. Amendment, This Agreement may be amended only by an agreement in writing signed by both of the parties hereof. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver ! or other document provided or permitted hereby to be given or furnished to the Issuer or the Bank shall ! be mailed or delivered to the Issuer or the Bank, respect\vely, at the addresses shown below: (a) if to the Issuer: City of San Marcos, Texas 630 East Hopkins Street San Marcos, Texas 78666 ! Attention: City Manager (b) if to the Bank: Mailing Address: Texas Commerce Bank National Association P.O. Box 550 Austin, Texas 78789 Attention: Corporate Trust Department SAæ.IAR'v,WSS""'DOCS\P.<R.rm.-'O.I.f1.HBBF 7