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Section 3.08. Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to <br /> the truth of the statements and correctness of the opinions expressed therein, on certificates or <br /> opinions furnished to the Bank by the Issuer. <br /> (b) The Bank shall not be liable to the Issuer for actions taken under this Agreement <br /> so long as it acts in good faith and exercises due diligence, reasonableness and care, as <br /> prescribed by law,with regard to its duties hereunder. <br /> (c) This Agreement is not intended to require the Bank to expend its own funds for <br /> performance of any of its duties hereunder. <br /> (d) The Bank may rely and shall be protected by the Issuer against any claim by the <br /> Issuer or any other Person in acting or refraining from acting upon any resolution, certificate, <br /> statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, <br /> security, or other paper or document believed by it to be genuine and to have been signed or <br /> presented by the proper party or parties. Without limiting the generality of the foregoing <br /> statement, the Bank need not examine the ownership of any Certificate, but is protected in acting <br /> upon receipt of a Certificate containing an endorsement or instruction of transfer or power of <br /> transfer which appears on its face to be signed by the holder or an agent of the holder. The Bank <br /> shall not be bound to make any investigation into the acts or matters stated in a resolution, <br /> certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, <br /> note, security or other paper or document supplied by Issuer. <br /> (e) The Bank may consult with legal counsel, and the written advise of such counsel <br /> or any opinion shall be full and complete authorization and protection with respect to any action <br /> taken, suffered or omitted by it hereunder in good faith and in reliance thereon; provided that any <br /> such written advice or opinion is supplied to the Issuer by the Bank. <br /> (f) The Bank may exercise any of the powers hereunder and perform any duties <br /> hereunder either directly or by or through agents or attorneys. <br /> Section 3.09. Money Held by Bank. Money held by the Bank hereunder shall be held in <br /> trust for the benefit of the Registered Owners of the Certificates. <br /> The Bank shall be under no obligation to pay interest on any money received by it <br /> hereunder. <br /> All money deposited with the Bank hereunder shall be secured in the manner and to the <br /> fullest extent required by law for the security of funds of the Issuer, including the <br /> collateralization of any funds pursuant to Chapter 2257, Texas Government Code, to the extent <br /> such funds are not insured by the Federal Deposit Insurance Company. <br /> Any money deposited with the Bank for the payment of the principal, redemption <br /> premium (if any) or interest on any Certificate and remaining unclaimed by the Registered <br /> Owner after the expiration of three years from the date such funds have become due and payable <br /> shall be reported and disposed of by the Bank in accordance with the provisions of Texas law <br /> including, to the extent applicable, Title 6 of the Texas Property Code, as amended. To the <br /> extent such provision of the Texas Property Code do not apply to the funds, such funds shall be <br /> 4 <br /> HOU:3747011.1 <br />