Laserfiche WebLink
0 <br />*M . <br />trust funds created pursuant to the Loan Agreement or this <br />Agreement, shall, at the direction of the Authorized Represen- <br />tative and subject to Section 6.5 of the Loan Agreement, be <br />invested or reinvested by the Depository to the extent permitted <br />by law in (a) direct general obligations of, or obligations the <br />payment of the principal of and interest on which are uncon- <br />ditionally guaranteed by, the United States of America c,r an <br />agency thereof, and (b) certificates of deposit of banks or trust <br />companies organized under the laws of the United States or any <br />state thereof, which are continuously secured by direct obliga- <br />tions of the United States of America. <br />The investments so purchased shall be held by the <br />Depository in trust and shall be deemed F: all times to be a part <br />of the Project Fund or such special trust funds, as the case may <br />be, and the interest accruing thereon and any profit realized <br />therefrom shall be credited to such fund, and any losses resulting <br />from such investment shall be charged to such fund and reimbursed <br />by the Proprietor to such fund. The Depository is hereby directed <br />to sell and reduce to cash a sufficient amount of such investments <br />whenever the cash balance in any such fund is insufficient to pay a <br />requisition when presented or to make a payment or prepayment on the <br />Bond when due. <br />The Depository shall not be responsible or liable in any <br />manner for any loss resulting from any investment made by it at the <br />direction of the Authorized Representative or resulting from the <br />sale or disposition prior to the maturity of any such investment <br />when necessary to pay a requisition when presented or to make a <br />payment or prepayment on the Bond when due, nor shall the <br />Depository be required to invest or reinvest any amounts in the <br />Project Fund or such special trust funds or any earnings <br />therefrom unless directed in writing to do so by the Authorized <br />Representative. The Depository shall not be required to pay <br />interest upon any such amounts or earnings held in the Project Fund <br />or such special trust funds during such time that such amounts <br />remain uninvested. The Proprietor agrees to pay to the Depository <br />its reasonable fees and expenses incurred in acting as Depository <br />hereunder and in making the investments of the amounts in the <br />Project Fund or such special trust funds at the direction of the <br />Authorized Representative. The Depository undertakes to perform <br />only such duties as are expressly set forth in this Agreement, <br />and the Depository shall not be liable or responsible for any <br />action or inaction by it hereunder other than as a result of its <br />gross negligence or willful misconduct. The Depository may rely <br />conclusively upon the opinion or advice of any attorney (who may <br />be the attorney or attorneys for the County or the Proprietor) <br />acceptable to the Depository. The Depository may at any time <br />-14- <br />