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Item 38 - Water Revenue Bonds
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Item 38 - Water Revenue Bonds
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5/30/2024 4:20:09 PM
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5/29/2024 6:13:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
38
Date
6/4/2024
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Installment Payments to the Authority at the respective due dates or upon prepayment from the <br />Net System Revenues and the other funds herein committed for such payment, or shall affect or <br />impair the right of the Authority, which is also absolute and unconditional, to institute suit to <br />enforce such payment by virtue of the contract embodied herein. <br />A waiver of any default or breach of duty or contract by the Authority shall not affect any <br />subsequent default or breach of duty or contract or impair any rights or remedies on any such <br />subsequent default or breach of duty or contract. No delay or omission by the Authority to exercise <br />any right or remedy accruing upon any default or breach of duty or contract shall impair any such <br />right or remedy or shall be construed to be a waiver of any such default or breach of duty or <br />contract or an acquiescence therein, and every right or remedy conferred upon the Authority by <br />the Law or by this article may be enforced and exercised from time to time and as often as shall <br />be deemed expedient by the Authority. <br />If any action, proceeding or suit to enforce any right or exercise any remedy is abandoned <br />or determined adversely to the Authority, the City and the Authority shall be restored to their <br />former positions, rights and remedies as if such action, proceeding or suit had not been brought or <br />taken. <br />SECTION 8.05. Remedies Not Exclusive. No remedy herein conferred upon or reserved <br />to the Authority is intended to be exclusive of any other remedy, and each such remedy shall be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing in law or in equity or by statute or otherwise and may be exercised without exhausting <br />and without regard to any other remedy conferred by law. <br />ARTICLE IX <br />DISCHARGE OF OBLIGATIONS <br />SECTION 9.01. Discharge of Obligations. If the City shall pay or cause to be paid or <br />there shall otherwise be paid to the Owners of all Outstanding Installment Payment Obligations of <br />a Series the interest thereon and the principal thereof and the redemption premiums, if any, thereon <br />or if all such Outstanding Obligations shall be deemed to have been paid at the times and in the <br />manner stipulated in the applicable Issuing Instrument, then all agreements, covenants and other <br />obligations of the City hereunder shall thereupon cease, terminate and become void and be <br />discharged and satisfied (but only as to such Series) except for the obligation of the City to pay or <br />cause to be paid all sums due hereunder. <br />ARTICLE X <br />MISCELLANEOUS <br />SECTION 10.01. Liability of City Limited to System Revenues. Notwithstanding <br />anything contained herein, the City shall not be required to advance any moneys derived from any <br />source of income other than the Net System Revenues and the other funds provided herein for the <br />payment of the Installment Payments or for the performance of any other agreements or covenants <br />required to be performed by it contained herein. The City may, however, but in no event shall be <br />26 <br />55394.00068\42092413.3 <br />
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