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its gross negligence or willful misconduct in connection with any action so taken. Such indemnity <br /> shall survive the termination of this Indenture. <br /> (1) All moneys received by the Trustee shall, until used or applied or invested as herein <br /> provided,be held in trust for the purposes for which they were received but need not be segregated <br /> from other funds except to the extent required by law. The Trustee shall not be under any liability <br /> for interest on any moneys received hereunder except such as may be agreed upon. <br /> (m) If any event of default under this Indenture of which the Trustee has knowledge or <br /> is deemed to have knowledge pursuant to subsection (g) of this Section 8.1 shall have occurred <br /> and be continuing, the Trustee shall exercise such of the rights and powers vested in it by this <br /> Indenture and shall use the same degree of care as a prudent man would exercise or use in the <br /> circumstances in the conduct of his own affairs. <br /> (n) The Trustee agrees to accept and act upon instructions or directions pursuant to this <br /> Indenture sent by Electronic Means (as hereinafter defined), provided, however, that the Issuer <br /> and the Company shall provide to the Trustee an incumbency certificate listing designated persons <br /> authorized to provide such instructions,which incumbency certificate shall be amended whenever <br /> a person is to be added or deleted from the listing. "Electronic Means" shall mean the following <br /> communications methods: a portable document format("pdf')or other replicating image attached <br /> to an e-mail, facsimile transmission, secure electronic transmission containing applicable <br /> authorization codes, passwords and/or authentication keys issued by the Trustee, or another <br /> method or system specified by the Trustee as available for use in connection with its services <br /> hereunder.If the Issuer and the Company elect to give the Trustee instructions by Electronic Means <br /> and the Trustee in its discretion elects to act upon such instructions, the Trustee's understanding <br /> of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, <br /> costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance <br /> with instructions delivered by Electronic Means notwithstanding such instructions conflict or are <br /> inconsistent with a subsequent written instruction. The Issuer and the Company agree to assume <br /> all risks arising out of the use of Electronic Means to submit instructions and directions to the <br /> Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, <br /> and the risk or interception and misuse by third parties. <br /> Section 8.2. Fees, Charges and Expenses of the Trustee and Paying Agent. The <br /> Trustee and Paying Agent shall be entitled to payment and/or reimbursement for reasonable fees <br /> for its services rendered hereunder and all advances, counsel fees and other expenses reasonably <br /> and necessarily made or incurred by the Trustee or Paying Agent in connection with such services. <br /> Upon an event of default, but only upon an event of default, the Trustee shall have a right of <br /> payment prior to payment on account of interest on or principal of any Bond for the foregoing <br /> advances, fees, costs and expenses incurred. <br /> Section 8.3. Notice to Bondholders if Default Occurs. If an event of default <br /> occurs of which the Trustee is by subsection(g) of Section 8.1 hereof required to take notice or if <br /> notice of an event of default be given as in said subsection(g)provided,then the Trustee shall give <br /> written notice thereof by registered or certified mail to the last known holders of all Bonds then <br /> outstanding shown by the list of Bondholders required by the terms of this Indenture to be kept at <br /> the office of the Trustee. <br /> 33 <br />