reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
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Moneys held by the Trustee in the Costs of Issuance Fund, Principal Fund and the<br />
Interest Fund shall be invested in Permitted Investments as directed by the Superintendent or<br />
Assistant Superintendent, Business Services of the Orange County Department of Education, or<br />
his or her designee, in writing.<br />
The <strong>District</strong>s acknowledge that to the extent regulations of the Comptroller of the<br />
Currency or other applicable regulatory entity grant the <strong>District</strong>s the right to receive brokerage<br />
confirmations of security transactions as they occur, the <strong>District</strong>s specifically waive receipt of<br />
such confirmations to the extent permitted by law. The Trustee will furnish the <strong>District</strong>s periodic<br />
cash transaction statements which include detail for all investment transactions made by the<br />
Trustee hereunder.<br />
The Trustee or any of its affiliates may act as agent, sponsor or advisor in<br />
connection with any investment made by the Trustee hereunder.<br />
Section 12.10. Article and Section Headings, Gender and References. The<br />
headings or titles of the several articles and sections hereof and the table of contents appended<br />
hereto shall be solely for convenience of reference and shall not affect the meaning, construction<br />
or effect hereof, and words of any gender shall be deemed and construed to include all genders.<br />
All references herein to “Articles,” “Sections” and other subdivisions or clauses are to the<br />
corresponding articles, sections, subdivisions or clauses hereof; and the words “hereby,”<br />
“herein,” “hereof,” “hereto,” “herewith,” “hereunder” and other words of similar import refer to<br />
this Trust Agreement as a whole and not to any particular article, section, subdivision or clause<br />
thereof.<br />
Section 12.11. Partial Invalidity. If any one or more of the agreements,<br />
conditions, covenants or terms contained herein required to be observed or performed by or on<br />
the part of the <strong>District</strong>s or the Trustee shall be contrary to law, then such agreement or<br />
agreements, such condition or conditions, such covenant or covenants or such term or terms shall<br />
be null and void and shall be deemed separable from the remaining agreements, conditions,<br />
covenants and terms hereof and shall in no way affect the validity hereof or of the Note<br />
Participations, and the Owners shall retain all the benefit, protection and security afforded to<br />
them hereunder and under all provisions of applicable law. The <strong>District</strong>s and the Trustee hereby<br />
declare that they would have executed and entered into this Trust Agreement and each and every<br />
other article, section, paragraph, subdivision, sentence, clause and phrase hereof and would have<br />
authorized the execution and delivery of the Note Participations pursuant hereto irrespective of<br />
the fact that any one or more of the articles, sections, paragraphs, subdivisions, sentences,<br />
clauses or phrases hereof or the application thereof to any person or circumstance may be held to<br />
be unconstitutional, unenforceable or invalid.<br />
Section 12.12. California Law. This Trust Agreement shall be construed and<br />
governed in accordance with the laws of the State of California.<br />
Section 12.13. Notices. All written notices to be given hereunder shall be given<br />
by mail to the party entitled thereto at its address set forth below, or at such other address as such<br />
party may provide to the other parties in writing from time to time, namely:<br />
OHS West:260889233.1 32<br />
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