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Section 17. Proceedings Constitute Contract. The provisions of this resolution and of the resolutions providing for the sale of the bonds and awarding, the bonds and fixing the interest rate or rates thereon shall constitute a contract between the city and the bondholders and the provisions thereof shall be enforceable by any bondholder for the equal benefit and protection of all bondholders similarly situated by mandamus, accounting', mandatory injunction or any other suit, action or proceeding, at law or in equity that is now or may hereafter be authorized under the laws of the State of California in any court of competent jurisdiction. Said contract is made under and is to be construed in accordance with the laws of the State of California. No remedy conferred hereby upon any bondholder is entitled to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy and may be exercised without exhausting' and ~vithout regard to any other remedy conferred by the Revenue Bond Law of 1941 or any other law of the State of California. No waiver of any default or breach of duty or contract by any bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or remedies on said subsequent default or breach. No delay or omission of any bondholder to exercise any right or power accruing, upon any default shall impair any such rig.hr or power or shall be construed as a waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred upon the bondholders may be enforced and exercised as often as may be deemed expedient. In case any suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and the bondholder shall prevail, said bondholder shall be entitled to receive from the Revenue Fund reimbursement for reasonable costs, expenses, outlays and attorney's fees and should said suit, action or proceeding. be abandoned, or be determined adversely to the bondholders then, and in every such case, the city and the bondholders shall be restored to their former positions, rights and remedies as if such suit, action or proceeding, had not been brought or taken. After the issuance and delivery of the bonds this resolution shall be irrepealable, but shall be subject to modification to the extent and in the manner provided in Section 15 of this resolution, but to no g.reater extent and in no other manner. Section 18. Future Contracts. Nothing herein contained shall be deemed to restrict or prohibit the city from making contracts or creating bonded or other indebtedness payable from the general fund of the city or from taxes or any source other than the revenues of the enterprise as defined herein, and from and after the sale of the bonds the general fund of the city shall not include the revenues of the enterprise and no contract or other obligation payable from the g.eneral fund of the city shall be payable from the revenues of the enterprise, except as provided in Section 10(g.) hereof. Section 19. Severability. If any covenant, ag.reement or provision, or any portion thereof, contained in this resolution, or the application thereof to any person or circumstance, is held to be unconstitutional, invalid or unenforceable, the remainder of this resolution and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumstances, shall be deemed severable and shall not be affected thereby, and this resolution and the bonds issued pursuant hereto shall remain valid and the bondholders shall retail all valid rights and benefits accorded to them under this resolution and the Constitution and laws of the State of California and the Charter of said city. Section 20. Effective Date. This resolution shall take effect upon adoption. h 18th da o November 1 ADOPTED, SIGNED AND APPROVED t is ............ y f ................, ........... j., [9~._.. ATT~_~S,T · ' /s/ ~"~tl2aL.~9 '171 &~l~'~C~%*~ V¢~j~ffrgi"th~ City of g~'t~a';Ana, Califoh, nia -Clerk of the CoUncil of said city (SEAL) 2O