Common use of Addresses for Notice and Demands Clause in Contracts

Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The Issuer, the Company, the Trustee and the Paying Agent may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Financing Agreement. Until otherwise provided by the respective parties, all notices, demands, certificates and communications to each of them shall be addressed as follows:‌ To the Issuer: Town of Avon, Indiana Attn: Clerk-Treasurer ▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Avon, IN 46123 With a copy to: Town of Avon, Indiana Attn: ▇▇. ▇▇▇▇▇▇ ▇. Taylor, Town Attorney ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ & Clutter, P.C. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Crawfordsville, IN 47933 To the Company: DRG Industrial Fund I Avon, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 102 Nashville, TN 37203-4758 Attn: Chief Financial Officer With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇, P.C. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ To the Trustee: The Huntington National Bank ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: Corporate Trust Dept. Notwithstanding the foregoing, the Trustee shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to the Indenture and this Financing Agreement and delivered using Electronic Means; provided, however, that the Issuer and the Company, as the case may be, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Issuer and the Company, as the case may be, whenever a person is to be added or deleted from the listing. If the Issuer and the Company, as the case may be, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions shall be deemed controlling. The Issuer and the Company each understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Company, as the case may be, shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and the Company, as the case may be, and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and the Company, as the case may be. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer and the Company each agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and the Company, as the case may be; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.

Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The Issuer, the Company, the Trustee and the Paying Agent may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Financing Agreement. Until otherwise provided by the respective parties, all notices, demands, certificates and communications to each of them shall be addressed as follows:‌ follows: To the Issuer: Town of AvonZionsville, Indiana Attn: Clerk-Treasurer Chief Financial Officer ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ Zionsville, IN 46077 With a copy to: ▇▇. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Avon, IN 46123 With a copy to: Town of Avon, Indiana Attn: ▇▇. ▇▇▇▇▇▇ ▇. Taylor, Town Attorney ▇▇▇▇▇▇, ▇▇▇▇▇, Whitsitt & ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ & Clutter, P.C. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ CrawfordsvilleLebanon, IN 47933 46052 To the Company: DRG Industrial Fund I AvonCSC Development, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 102 Nashville, TN 37203-4758 Attn: Chief Financial Officer With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & (▇▇▇▇, P.C. ▇▇▇ ) ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇, ▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ To the Trustee: The Huntington National Bank ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ With a copy to: Dentons ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ LLP c/o ▇▇▇, ▇▇▇▇ ▇▇▇▇▇ 2700 Market Tower ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Indianapolis, IN 46204 To the Trustee: Old National Wealth Management ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Evansville, IN 47708 Attn: Corporate Trust DeptDepartment Successors and Assigns. Notwithstanding the foregoing, the Trustee shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to the Indenture and Whenever in this Financing Agreement any of the parties hereto is named or referred to, the successors and delivered using Electronic Means; providedassigns of such party shall be deemed to be included and all the covenants, promises and agreements in this Financing Agreement contained by or on behalf of the Company, or by or on behalf of the Issuer, shall bind and inure to the benefit of the respective successors and assigns, whether so expressed or not. Provided, however, that the Issuer and Company may not assign its rights or obligations under this Financing Agreement without the Company, as consent of the case may be, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized OfficersBondholders, which incumbency certificate shall be amended by the Issuer and the Company, as the case may be, whenever a person is to be added or deleted from the listing. If the Issuer and the Company, as the case may be, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions shall be deemed controlling. The Issuer and the Company each understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Company, as the case may be, shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and the Company, as the case may be, and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and the Company, as the case may be. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer and the Company each agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods withheld in their absolute discretion, unless Section 3.3 of transmitting Instructions than the method(s) selected by the Issuer and the Company, as the case may be; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security proceduresthis Financing Agreement has been complied with.

Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The Issuer, the Company, the Trustee and the Paying Agent may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Financing Agreement. Until otherwise provided by the respective parties, all notices, demands, certificates and communications to each of them shall be addressed as follows:‌ follows: To the Issuer: Town of AvonMcCordsville, Indiana Attn: Clerk-Treasurer ▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Avon, IN 46123 With a copy to: Town of Avon, Indiana Attn: ▇▇. ▇▇▇▇▇▇ ▇. Taylor, Town Attorney ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ & Clutter, P.C. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Crawfordsville, IN 47933 To the Company: DRG Industrial Fund I Avon, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 102 Nashville, TN 37203-4758 Attn: Chief Financial Officer With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇, P.C. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ With a copy to: Town of McCordsville, Indiana Attn: ▇▇. ▇▇▇▇▇ ▇. Morelock Brand & ▇▇▇▇▇▇▇▇ To the Trustee: The Huntington National Bank ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ To the Company: Rebar McCordsville, LLC Rebar McCordsville, Inc. Attn: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ With a copy to: ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ via email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ To the Trustee: ____________________________ Attn: Corporate Trust Dept. _______________________ ____________________________ ____________________________ To the Series ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇: HC TIF 2022A, LLC Attn: ________________________ _____________________________ _____________________________ Notwithstanding the foregoing, the Trustee shall have the right to accept and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to the Indenture and this Financing Agreement and delivered using Electronic Means; provided, however, that the Issuer and the Company, as the case may be, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the Issuer and the Company, as the case may be, whenever a person is to be added or deleted from the listing. If the Issuer and the Company, as the case may be, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions shall be deemed controlling. The Issuer and the Company each understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Company, as the case may be, shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and the Company, as the case may be, and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and the Company, as the case may be. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer and the Company each agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and the Company, as the case may be; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.

Addresses for Notice and Demands. All notices, demands, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The Issuer, the CompanyBorrower, the Trustee and the Paying Agent may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates or other communications to them shall be sent when required as contemplated by this Financing Loan Agreement. Until otherwise provided by the respective parties, all notices, demands, certificates and communications to each of them shall be addressed as follows:‌ follows: To the Issuer: Town of AvonZionsville, Indiana Attn: Clerk-Treasurer Chief Financial Officer ▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ Zionsville, IN 46077 With a copy to: ▇▇. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ Avon, IN 46123 With a copy to: Town of Avon, Indiana Attn: ▇▇. ▇▇▇▇▇▇ ▇. Taylor, Town Attorney ▇▇▇▇▇▇, ▇▇▇▇▇, Whitsitt & ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ & Clutter, P.C. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ CrawfordsvilleLebanon, IN 47933 46052 To the CompanyBorrower: DRG Industrial Fund I AvonThe Farm at Zionsville JV, LLC c/o Scannell Properties Attn: General Counsel ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 102 Nashville, TN 37203-4758 Attn: Chief Financial Officer With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇, P.C. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ AttnWith a copy to: ▇▇▇▇ ▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ To the Trustee: The Huntington National Bank & ▇▇▇▇▇, P.C. c/o ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Indianapolis, IN 46204 To the Trustee: Old National Wealth Management ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇Evansville, ▇▇ ▇▇▇▇▇ IN 47708 Attn: Corporate Trust DeptDepartment Successors and Assigns. Notwithstanding Whenever in this Loan Agreement any of the foregoingparties hereto is named or referred to, the Trustee successors and assigns of such party shall have be deemed to be included and all the right to accept covenants, promises and act upon instructionsagreements in this Loan Agreement contained by or on behalf of the Borrower, including funds transfer instructions ("Instructions") given pursuant or by or on behalf of the Issuer, shall bind and inure to the Indenture benefit of the respective successors and this Financing Agreement and delivered using Electronic Means; providedassigns, whether so expressed or not. Provided, however, that the Issuer and Borrower may not assign its rights or obligations under this Loan Agreement without the Company, as consent of the case may be, shall provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized OfficersBondholders, which incumbency certificate shall be amended by the Issuer and the Company, as the case may be, whenever a person is to be added or deleted from the listing. If the Issuer and the Company, as the case may be, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions shall be deemed controlling. The Issuer and the Company each understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The Issuer and the Company, as the case may be, shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and the Company, as the case may be, and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and the Company, as the case may be. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer and the Company each agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods withheld in their absolute discretion, unless Section 3.3 of transmitting Instructions than the method(s) selected by the Issuer and the Company, as the case may be; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security proceduresthis Loan Agreement has been complied with.

Addresses for Notice and Demands. All notices, demands, certificates certificates, or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by registered or certified mail, postage prepaid, with proper address as indicated below. The Issuer, the CompanyBorrower, the Trustee Trustee, and the Paying Agent may, by written notice given by each to the others, designate any address or addresses to which notices, demands, certificates certificates, or other communications to them shall be sent when required as contemplated by this Financing Loan Agreement. Until otherwise provided by the respective parties, all notices, demands, certificates certificates, and communications to each of them shall be addressed as follows:‌ follows: To the Issuer: Town of AvonZionsville, Indiana Attn: Clerk-Treasurer Department of Finance and Records ▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇ Avon, IN 46123 With a copy to: Town of Avon, Indiana Attn: ▇▇. ▇▇▇▇▇▇ ▇. Taylor, Town Attorney ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ & Clutter, P.C. ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Crawfordsville, IN 47933 To the Company: DRG Industrial Fund I Avon, LLC ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 102 Nashville, TN 37203-4758 Attn: Chief Financial Officer With a copy to: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ & ▇▇▇▇, P.C. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ To the Trustee: The Huntington National Bank ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ ▇▇▇▇▇ To the Borrower: The Club at ▇▇▇▇▇▇▇▇ Farms, LLP Attn: [▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Lane Westfield, IN 46074] To the Trustee: [Old National Wealth Management] Attn: Corporate Trust Dept. Notwithstanding Department [Address] [Section 8.1(o) of the foregoingIndenture], the Trustee shall have the right to accept concerning instructions and act upon instructions, including funds transfer instructions ("Instructions") given pursuant to the Indenture and this Financing Agreement and delivered using Electronic Means; provided, however, that the Issuer and the Company, as the case may be, shall provide directions to the Trustee delivered by Electronic Means, is incorporated herein. All notices, approvals, consents, requests, and any communications to the Trustee hereunder must be in writing in English and must be in the form of a document that is signed manually or by way of an incumbency certificate listing officers electronic signature (including electronic images of handwritten signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign, or any other electronic signature provider acceptable to the Trustee). Electronic signatures believed by the Trustee to comply with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures ESIGN ACT of such Authorized Officers, which incumbency certificate shall be amended by the Issuer and the Company, as the case may be, whenever a person is to be added 2000 or deleted from the listing. If the Issuer and the Company, as the case may be, elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions other applicable law shall be deemed controllingoriginal signatures for all purposes. The Issuer and the Company each understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee shall conclusively presume that directions that purport If a party chooses to have been sent by an Authorized Officer listed on the incumbency certificate provided use electronic signatures to sign documents delivered to the Trustee have been sent by Trustee, such Authorized Officer. The Issuer and the Company, as the case may be, shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the Issuer and the Company, as the case may be, and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Issuer and the Company, as the case may be. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The Issuer and the Company each agrees: (i) party agrees to assume all risks arising out of the its use of Electronic Means to submit Instructions to the Trusteeelectronic signatures, including without limitation the risk of the Trustee acting on an unauthorized Instructions, document and the risk of interception and or misuse by third parties; (ii) . Notwithstanding the foregoing, the Trustee may in any instance and in its sole discretion require that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions an original document bearing a manual signature be delivered to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the Issuer and the Companyin lieu of, as the case may be; (iii) that the security procedures (if any) to be followed or in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of addition to, any compromise or unauthorized use of the security proceduresdocument signed via electronic signature.