(d) the Trustee shall not be bound to make any investigation into the facts or matters
stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, judgment, bond, debenture or other paper or document, but the Trustee, in its discretion, may make such further inquiry or
investigation into such facts or matters as it may see fit, and, if the Trustee shall determine to make such further inquiry or investigation, it shall be entitled to examine the books, records and premises of the Company, personally or by agent or
attorney at the expense of the Company and shall incur no liability of any kind by reason of such inquiry or investigation;
(e) the
Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents, custodians, nominees or attorneys and the Trustee shall not be responsible for any misconduct or negligence on the
part of any agent, custodian, nominee or attorney appointed by it with due care hereunder;
(f) the permissive rights of the Trustee
enumerated herein shall not be construed as duties;
(g) the Trustee shall not be required to give any bond or surety in respect of the
performance of its powers and duties hereunder;
(h) the Trustee may request that the Company deliver a certificate setting forth the
names of individuals and/or titles of officers authorized at such time to take specified actions pursuant to this Indenture;
(i) the
Trustee shall neither be responsible for, nor chargeable with, knowledge of the terms and conditions of any other agreement, instrument, or document other than this Indenture and the Notes and any Opinion of Counsel, Officers Certificate or
Company Order delivered to the Trustee pursuant to this Indenture or the Notes whether or not an original or a copy of such agreement has been provided to the Trustee;
(j) neither the Trustee nor any of its directors, officers, employees, agents or affiliates shall be responsible for nor have any duty to
monitor the performance or any action of the Company, or any of their respective directors, members, officers, agents, affiliates or employees, nor shall it have any liability in connection with the malfeasance or nonfeasance by such party. The
Trustee shall not be responsible for any inaccuracy or omission in the information obtained from the Company or for any inaccuracy or omission in the records which may result from such information or any failure by the Trustee to perform its duties
as set forth herein as a result of any inaccuracy or incompleteness;
(k) before the Trustee acts or refrains from acting, it may require
an Officers Certificate or an Opinion of Counsel or both. The Trustee shall not be liable for any action it takes or omits to take in good faith reliance on such Officers Certificate or Opinion of Counsel; and
(l) the Trustee shall not be responsible or liable for any action it takes or omits to take in good faith which it reasonably believes to be
authorized or within its rights or powers.
In no event shall the Trustee be liable for any consequential, punitive, incidental, special
or indirect loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action. The Trustee shall not be charged with
knowledge of any Default or Event of
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