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s ARTICLE VI Concerning the Trustee Section 6.01. Trustee Entitled to Indemnity. The Trustee shall be under no obligation to institute any suit, or to undertake any proceeding under this 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 the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees and other reasonable disbursements, and against all liability. The Trustee may, nevertheless, begin suit, or appear in and defend suit, or do anything else in its judgment proper to be done by it as the Trustee, without indemnity, and in such case the Issuer shall reimburse the trustee from the Revenues for all cost and expenses, outlays and counsel fees and other reasonable disbursements properly incurred in connection therewith. If the Issuer shall fail to make such reimbursement, the Trustee, upon at least five (5) days' prior written notice to the Borrower, may reimburse itself from any moneys in its possession under the provisions of this Indenture (other than amounts on deposit in the Debt Service Fund so long as the Credit Facility is in effect and the Credit Facility Provider has not wrongfully failed to honor any demand for funds under the Credit Facility) and shall be entitled to a preference therefor over any Bonds Outstanding hereunder. Section 6.02. Responsibilities of Trustee. The recitals contained in this Indenture and in the Bonds shall be taken as the statements of the Issuer or the Borrower (as the case may be) and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Indenture or of the Bonds or in respect of the security afforded by this Indenture, and the Trustee shall incur no liability in respect thereof. Except as otherwise provided herein, the Trustee shall be under no responsibility or duty with respect to: (i) the issuance of the Bonds for value; (ii) the application of the proceeds thereof except to the extent that such proceeds are received by it in its capacity as Trustee; or (iii) the application of any moneys paid to the Issuer or others in accordance with this Indenture except as to the application of any moneys paid to it in its capacity as Trustee. The duties and obligations of the Trustee shall be determined by the express provisions of this Indenture, and the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture. During the existence of any Event of Default- that has not been cured the Trustee shall exercise any of the rights and powers vested in it by this Indenture. At all times the Trustee shall use the same degree of care and skill in their exercise as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. - 41 -