Common use of Remarketing Agent's Performance; Duty of Care Clause in Contracts

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no implied covenants or obligations shall be read into this Remarketing Agreement or the Indenture against the Remarketing Agent; and in the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively rely, as to the truth of the statements expressed therein, upon any notice or document furnished to the Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice or document reasonably believed by it to be genuine and to have been given, signed or presented by the proper party or parties.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement Declaration and the Indenture, and no . No implied covenants or obligations of or against the Remarketing Agent shall be read into this Remarketing Agreement Agreement, the Declaration or the Indenture against the Remarketing Agent; and in Indenture. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, which purports to conform to the requirements of this Agreement, the Declaration or the Indenture as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties. The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Securities in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from the gross negligence or willful misconduct on its part.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement, the Indenture, the Pledge Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no Warrant Agreement. No implied covenants or obligations of or against the Remarketing Agent shall be read into this Remarketing Agreement, the Indenture, the Pledge Agreement or the Indenture against the Remarketing Agent; and in Warrant Agreement. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or partiesparties except as otherwise set forth herein. The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Senior Notes in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from its failure to comply with the material terms of this Agreement or the negligence or willful misconduct on its part.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance Certificate of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no Designations. No implied covenants or obligations of or against the Remarketing Agent shall be read into this Remarketing Agreement or the Indenture against the Remarketing Agent; and in Certificate of Designations, as applicable. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, which purports to conform to the requirements of this Agreement or the Certificate of Designations as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties. The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Securities in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from gross negligence or willful misconduct on its part.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no Articles. No implied covenants or obligations shall be read into this Remarketing Agreement or the Indenture against the Remarketing Agent; and in Articles. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, which purports to conform to the requirements of this Remarketing Agreement or the Articles, as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties. The Remarketing Agent shall incur no liability to the Fund or to any Beneficial owner or Holder of a series of the Shares in its individual capacity or as Remarketing Agent for any action or failure to act in connection with a Remarketing or otherwise, except as a result of its gross negligence or willful misconduct.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no By-laws. No implied covenants or obligations shall be read into this Remarketing Agreement or the Indenture against the Remarketing Agent; and in By-laws. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, which purports to conform to the requirements of this Remarketing Agreement and the By-laws as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties. The Remarketing Agent shall not incur any liability to the Fund or to any Beneficial Owner or Holder of Shares or any other person in its individual capacity or as Remarketing Agent for any action or failure to act in connection with a Remarketing or otherwise, except as a result of its gross negligence or willful misconduct on its part.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance Certificates of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no Designations. No implied covenants or obligations of or against the Remarketing Agent shall be read into this Remarketing Agreement or the Indenture against the Remarketing Agent; and in Certificates of Designations, as applicable. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, which purports to conform to the requirements of this Agreement or the Certificates of Designations as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties. The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Securities in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from gross negligence or willful misconduct on its part.

Remarketing Agent's Performance; Duty of Care. The Remarketing Agent consents and agrees to perform and comply with all of the terms and provisions on its part to be performed or complied with in this Remarketing Agreement and the Indenture. In performing its duties and obligations hereunder and under the Indenture, the Remarketing Agent shall exercise the same degree of skill and care as a prudent person would use under the same circumstances in the conduct of his or her own affairs. The duties and obligations of the Remarketing Agent shall be determined solely by the express provisions of this Remarketing Agreement and the Indenture, and the Remarketing Agent shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Remarketing Agreement and the Indenture, and no Transaction Documents. No implied covenants or obligations of or against the Remarketing Agent shall be read into this Remarketing Agreement or any of the Indenture against the Remarketing Agent; and in Transaction Documents. In the absence of bad faith on the part of the Remarketing Agent, the Remarketing Agent may conclusively relyrely upon any document furnished to it, as to the truth of the statements expressed therein, upon in any notice or document furnished to the of such documents. The Remarketing Agent and conforming to the requirements of this Remarketing Agreement or the Indenture and shall be protected in acting upon any such notice document or document communication reasonably believed by it to be genuine and to have been givensigned, signed presented or presented made by the proper party or parties.parties except as otherwise set forth herein. The Remarketing Agent, acting under this Agreement, shall incur no liability to the Company or to any holder of Remarketed Senior Notes in its individual capacity or as Remarketing Agent for any action or failure to act, on its part in connection with a Remarketing or otherwise, except if such liability is judicially determined to have resulted from its failure to comply with the material terms of this Agreement or the gross negligence or willful misconduct on its part. The provisions of this