Laserfiche WebLink
payable up front, for services to be performed by the Escrow Holder pursuant to this Agreement, out-of- <br />pocket expenses and legal expenses to be reimbursed at cost from legally available funds of the Issuer. <br />The Escrow Holder shall have no lien or claim against funds in the Escrow Account for payment of <br />obligations due it under this Section. <br />SECTION 13. TERM. This Agreement shall commence upon its execution and delivery and <br />shall terminate when the Defeased Bonds have been paid and discharged in accordance with the <br />proceedings authorizing the Defeased Bonds, except as provided in Section 7. <br />SECTION 14. SEVERABILITY. If any one or more of the covenants or agreements provided <br />in this Agreement on the part of the Issuer or the Escrow Holder to be performed should be determined <br />by a court of competent jurisdiction to be contrary to law, notice of such event shall be sent to Moody's <br />Investors Service and Standard & Poor's at the address set forth in Section 15, but such covenant or <br />agreements herein contained shall be null and void and shall in no way affect the validity of the remaining <br />provisions of this Agreement. <br />SECTION 15. AMENDMENTS TO THIS AGREEMENT. This Agreement is made for <br />the benefit of the Issuer and the holders from time to time of the Deceased Bonds and the Bonds and it shall <br />not be repealed, revoked, altered or amended in whole or in part without the written consent of all affected <br />holders, the Escrow Holder and the Issuer; provided, however, that the Issuer and the Escrow Holder may, <br />without the consent of, or notice to, such holders, enter into such agreements supplemental to this <br />Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the <br />terms and provisions of this Agreement. for any one or more of the following purposes: <br />(a) to cure any ambiguity or formal detect or omission in this Agreement; <br />(b) to grant to, or confer upon, the Escrow Holder, for the benefit of the holders of the Bonds and <br />the Defeased Bonds any additional rights, remedies, powers or authority that may lawfully be granted to, <br />or conferred upon, such holders or the Escrow Holder; and <br />(c) to subject to this Agreement additional funds, securities or properties. <br />The Escrow Holder shall, at its option, be entitled to request at the Issuer's expense and rely <br />exclusively upon an opinion of nationally recognized attomeys on the subject of municipal bonds acceptable <br />to the Issuer with respect to compliance with this Section, including the extent, ifany, to which any change, <br />modification, addition or elimination affects the rights of the holders of the Defeased Bonds or that any <br />instrument executed hereunder complies with the conditions and provisions ofthis Section. Prior written <br />notice of such amendments, together with proposed copies of such amendments shall be provided to <br />Moody's Investors Service, Inc.. Public Finance Rating Desk/Deteased Bonds. 99 Church Street, New <br />York, New York 10007 and Standard & Poor's, Rating Services/Defeased Bonds, 25 Broadway, New <br />York, New York 10004-1064. <br />7 <br />