Payment of Fees and Expenses of the Trustee. CDOT shall pay as Additional Rentals the reasonable fees and expenses of the Trustee in connection with this Lease, the Leased Property, the Indenture, the Certificates, the Site Lease or any matter related thereto as set forth in the fee letter of the Trustee delivered to CDOT on or before the date of this Lease, as the same may be amended with the consent of CDOT. Such fees and expenses shall include, but shall not be limited to, costs of defending any claim or action brought against the Trustee or its directors, officers, employees or agents relating to the foregoing. CDOT shall not, however, pay any fees or expenses incurred in connection with any action or omission, or any liability incurred in connection with any action or omission, that constituted willful misconduct or negligence of the Trustee or its directors, officers, employees or agents. This agreement to reimburse the Trustee’s legal expenses is not an indemnification and it is expressly understood that CDOT is not indemnifying the Trustee, and such reimbursement of the Trustee’s reasonable fees and expenses is limited, as applicable, to Net Proceeds or moneys, if any, for which an Allocation has been effected.
Payment of Fees and Expenses of the Trustee. The Employer shall pay the Trustee quarterly its expenses in administering the Trust Fund and reasonable compensation for its services as Trustee at a rate set forth in the Plan Service Agreement, as that may be amended from time to time. The Trustee reserves the right to alter this rate of compensation at any time by providing the Employer with notice of such change at least sixty (60) days prior to its effective date. Reasonable compensation shall include compensation for any extraordinary services or computations required, such as determination of the value of assets when current market values are not published, expenses for the service of an independent appraiser in connection with Employer Securities (if any) which cease to be "readily tradable", and the covering of overdrafts. If the Employer fails to pay such expenses within thirty (30) days of being billed, the Trustee shall charge such fees and expenses against the Trust Fund. The Trustee shall have a lien against the Trust Fund for its compensation and for any reasonable expenses that are not paid by the Employer, including, without limitation, any counsel or appraisal fees which may be withdrawn from the Trust Fund, to the extent permitted by law.
Payment of Fees and Expenses of the Trustee. The County shall pay as Additional Rentals the reasonable fees and expenses of the Trustee (subject to any agreement with the Trustee limiting the amount of such fees and expenses) in connection with the Leased Property, this Lease, the Site Lease, the Indenture, the Certificates, the Refunding Project or any matter related thereto, including, but not limited to, costs of defending any claim or action brought against the Trustee or its directors or officers (other than claims or actions brought by the County) relating to the foregoing, excepting, however, any liability for any action constituting willful or wanton misconduct of the Trustee or its directors or officers. The Trustee shall be entitled to payment of or reimbursement for reasonable fees for its ordinary services rendered hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) and all advances, agent and counsel fees and other ordinary expenses reasonably and necessarily made or incurred by the Trustee in connection with such ordinary services and, in the event that it should become necessary for the Trustee to perform extraordinary services, the Trustee shall be entitled to reasonable additional compensation therefor and to reimbursement for reasonable and necessary extraordinary expenses in connection therewith; provided that if such extraordinary services or extraordinary expenses are occasioned by the negligence or willful misconduct of the Trustee it shall not be entitled to compensation or reimbursement therefore.
