Common use of Qualifications and Responsibilities Clause in Contracts

Qualifications and Responsibilities. The Borrower shall appoint, ----------------------------------- with the consent of the Issuer and the Bank, a Remarketing Agent when the Bonds are in the Weekly Mode. The Remarketing Agent shall be authorized by law to perform all of the duties imposed upon it by this Agreement. In addition, the Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. or a banking corporation, acceptable to the Issuer, the Borrower and the Bank. The Remarketing Agent, which may act by means of agents, shall signify its acceptance of the duties and obligations imposed upon it hereunder by a written agreement with the Borrower under which the Remarketing Agent will agree, among other things, to: (i) determine the Weekly or Fixed Rate pursuant to and in accordance with Paragraph 301(d)(i) or Subsection 301(e) and the forms of Weekly and Fixed Rate Bonds; (ii) give all notices to the Trustee regarding the determination of interest rates on the Bonds and regarding Tendered Bonds as are required of the Remarketing Agent in this Agreement; (iii) hold all moneys received hereunder from the remarketing of Tendered Bonds for the benefit of the person or entity which shall have delivered such moneys until the Remarketing Agent shall have transferred such moneys to the Trustee as provided in this Agreement; (iv) keep such books and records with respect to its duties as Remarketing Agent as shall be consistent with prudent industry practice and make such books and records available for inspection by the parties hereto at all reasonable times; and (v) use its best efforts to remarket Bonds in accordance with this Agreement and any remarketing agreement entered into by the Remarketing Agent and the Borrower. The Remarketing Agent may enter into custodial agreements with one or more banking or similar institutions for the deposit and holding of the Bonds in order to facilitate the tendering and remarketing of Bonds as provided in this Agreement, provided, however, that in no event shall the Issuer or the Trustee be responsible or held liable for any action taken or not taken under any such custodial agreement and in no way shall any such custodial agreement relieve or otherwise alter the obligations and responsibilities of the Remarketing Agent set forth in this Agreement.

Qualifications and Responsibilities. The Borrower shall appoint, ----------------------------------- with the consent of the Issuer and the Bank, a Remarketing Agent when the Bonds are in the Weekly Mode. The Remarketing Agent shall be authorized by law to perform all of the duties imposed upon it by this Agreement. In addition, the Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. or a banking corporation, acceptable to the Issuer, the Borrower and the Bank. The Remarketing Agent, which may act by means of agents, shall signify its acceptance of the duties and obligations imposed upon it hereunder by a written agreement with the Borrower under which the Remarketing Agent will agree, among other things, to: (i) determine the Weekly or Fixed Rate pursuant to and in accordance with Paragraph 301(d)(i) or Subsection 301(e) and the forms of Weekly and Fixed Rate Bonds; (ii) give all notices to the Trustee regarding the determination of interest rates on the Bonds and regarding Tendered Bonds as are required of the Remarketing Agent in this Agreement; (iii) hold all moneys received hereunder from the remarketing of Tendered Bonds for the benefit of the person or entity which shall have delivered such moneys until the Remarketing Agent shall have transferred such moneys to the Trustee as provided in this Agreement; (iv) keep such books and records with respect to its duties as Remarketing Agent as shall be consistent with prudent industry practice and make such books and records available for inspection by the parties hereto at all reasonable times; and (v) use its best efforts to remarket Bonds in accordance with this Agreement and any remarketing agreement entered into by the Remarketing Agent and the Borrower. The Remarketing Agent may enter into custodial agreements with one or more banking or similar institutions for the deposit and holding of the Bonds in order to facilitate the tendering and remarketing of Bonds as provided in this Agreement, provided, however, that in no event shall the Issuer or the Trustee be responsible or held liable for any action taken or not taken under any such custodial agreement and in no way shall any such custodial agreement relieve or otherwise alter the obligations and responsibilities of the Remarketing Agent set forth in this Agreement.

Qualifications and Responsibilities. The Borrower shall appointBorrowers shall, ----------------------------------- with prior to the consent Conversion of the Issuer Notes to another Mode, appoint and employ the Bank, services of a Remarketing Agent when the Bonds are in the Weekly ModeAgent. The Remarketing Agent shall be authorized by law to perform all of the duties imposed upon it by this Agreement. In addition, the Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. or a banking corporation, acceptable to the IssuerBorrowers, or a Municipal Advisor (as defined in Section 15B of the Borrower and Securities Exchange Act of 1934, as amended), selected by the BankBorrowers. The Remarketing Agent, which may act by means of agents, shall signify its acceptance of the duties and obligations imposed upon it hereunder by a written agreement with the Borrower Borrowers under which the Remarketing Agent will agree, among other things, to: (i) determine the Weekly or Fixed Rate pursuant to and as applicable in accordance with Paragraph 301(d)(i) the provisions of this Agreement, the Term Rate or Subsection 301(e) and the forms of Weekly and Fixed Rate BondsRate; (ii) give all notices to the Trustee Administrative Agent regarding the determination of interest rates on the Bonds Notes and regarding Tendered Bonds Notes as are required of the Remarketing Agent in this Agreement; (iii) hold all moneys received hereunder from the remarketing of Tendered Bonds Notes uninvested for the benefit of the person or entity which shall have delivered such moneys until the Remarketing Agent shall have transferred such moneys to the Trustee Administrative Agent as provided in this Agreement; (iv) keep such books and records with respect to its duties as Remarketing Agent as shall be consistent with prudent industry practice and make such books and records available for inspection by the parties hereto at all reasonable times; and (v) use its best efforts to remarket Bonds Notes in accordance with this Agreement and any remarketing agreement entered into by the Remarketing Agent and the Borrower. The Remarketing Agent may enter into custodial agreements with one or more banking or similar institutions for the deposit and holding of the Bonds in order to facilitate the tendering and remarketing of Bonds as provided in this Agreement, provided, however, that in no event shall the Issuer or the Trustee be responsible or held liable for any action taken or not taken under any such custodial agreement and in no way shall any such custodial agreement relieve or otherwise alter the obligations and responsibilities of the Remarketing Agent set forth in this AgreementBorrowers.

Qualifications and Responsibilities. The Borrower Company shall appoint, ----------------------------------- with the consent of the Issuer and Authority, and, if a Credit Facility is in effect, the Bank, a Remarketing Agent when the any Bonds are in the Flexible Mode, Weekly or Multiannual Mode. The Remarketing Agent shall be authorized by law to perform all of the duties imposed upon it by this Agreement. In addition, the Remarketing Agent shall be either (i) have a member capitalization of the National Association of Securities Dealers, Inc. at least $10,000,000 and outstanding securities rated at least Baa 3 (or a banking corporation, acceptable substantially equivalent rating) by Moody's if such a requirement is then necessary to the Issuer, maintenance of any then existing Moody's rating on the Borrower and Bonds or (ii) have a capitalization o▇ ▇▇ ▇▇ast $15,000,000 or have a line of credit with a commercial bank in the Bankamount of at least $15,000,000. The Remarketing Agent, which may act by means of agents, shall signify its acceptance of the duties and obligations imposed upon it hereunder by a written agreement with the Borrower Company under which the Remarketing Agent will agree, among other things, to: (i) determine the Weekly Flexible, Weekly, Multiannual or Fixed Rate pursuant to and in accordance with Paragraph 301(d)(i), (e)(i) or (f)(i) or Subsection 301(e301(g) and the forms of Weekly Flexible, Weekly, Multiannual and Fixed Rate Bonds; (ii) give all notices to the Trustee and Paying Agent regarding the determination of interest rates on the Bonds and regarding Tendered Bonds as are required of the Remarketing Agent in this Agreement; (iii) hold all moneys received hereunder from the remarketing of Tendered Bonds for the benefit of the person or entity which shall have delivered such moneys until the Remarketing Agent shall have transferred such moneys to the Trustee Paying Agent as provided in this Agreement; (iv) keep such books and records with respect to its duties as Remarketing Agent as shall be consistent with prudent industry practice and make such books and records available for inspection by the parties hereto and the Paying Agent at all reasonable times; and (v) use its best efforts to remarket Bonds in accordance with this Agreement and any remarketing agreement entered into by the Remarketing Agent and the BorrowerCompany. The Remarketing Agent may enter into custodial agreements with one or more banking or similar institutions for the deposit and holding of the Bonds in order to facilitate the tendering and remarketing of Bonds as provided in this Agreement, provided, however, that in no event shall the Issuer Authority, the Trustee or the Trustee Paying Agent be responsible or held liable for any action taken or not taken under any such custodial agreement and in no way shall any such custodial agreement relieve or otherwise alter the obligations and responsibilities of the Remarketing Agent set forth in this Agreement.

Qualifications and Responsibilities. The Borrower Company shall appoint, ----------------------------------- with the consent of the Issuer and Authority, and, if a Credit Facility is in effect, the Bank, a Remarketing Agent when the any Bonds are in the Flexible Mode, Weekly or Multiannual Mode. The Remarketing Agent shall be authorized by law to perform all of the duties imposed upon it by this Agreement. In addition, the Remarketing Agent shall be either (i) have a member capitalization of the National Association of Securities Dealers, Inc. at least $10,000,000 and outstanding securities rated at least Baa 3 (or a banking corporation, acceptable substantially equivalent rating) by Moody's if such a requirement is then necessary to the Issuer, maintenance of any then existing ▇▇▇▇▇'▇ rating on the Borrower and Bonds or (ii) have a capitalization of at least $15,000,000 or have a line of credit with a commercial bank in the Bankamount of at least $15,000,000. The Remarketing Agent, which may act by means of agents, shall signify its acceptance of the duties and obligations imposed upon it hereunder by a written agreement with the Borrower Company under which the Remarketing Agent will agree, among other things, to: (i) determine the Weekly Flexible, Weekly, Multiannual or Fixed Rate pursuant to and in accordance with Paragraph 301(d)(i), (e)(i) or (f)(i) or Subsection 301(e301(g) and the forms of Weekly Flexible, Weekly, Multiannual and Fixed Rate Bonds; (ii) give all notices to the Trustee and Paying Agent regarding the determination of interest rates on the Bonds and regarding Tendered Bonds as are required of the Remarketing Agent in this Agreement; (iii) hold all moneys received hereunder from the remarketing of Tendered Bonds for the benefit of the person or entity which shall have delivered such moneys until the Remarketing Agent shall have transferred such moneys to the Trustee Paying Agent as provided in this Agreement; (iv) keep such books and records with respect to its duties as Remarketing Agent as shall be consistent with prudent industry practice and make such books and records available for inspection by the parties hereto and the Paying Agent at all reasonable times; and (v) use its best efforts to remarket Bonds in accordance with this Agreement and any remarketing agreement entered into by the Remarketing Agent and the BorrowerCompany. The Remarketing Agent may enter into custodial agreements with one or more banking or similar institutions for the deposit and holding of the Bonds in order to facilitate the tendering and remarketing of Bonds as provided in this Agreement, provided, however, that in no event shall the Issuer Authority, the Trustee or the Trustee Paying Agent be responsible or held liable for any action taken or not taken under any such custodial agreement and in no way shall any such custodial agreement relieve or otherwise alter the obligations and responsibilities of the Remarketing Agent set forth in this Agreement.