Laserfiche WebLink
516174 <br /> <br /> [FORM OF ASSIGNMENT] <br /> <br /> For value received ...................................................................................... hereby sells, assigns <br />and transfers unto ................................................................................................................................ <br />the within-mentioned Bond and hereby irrevocably constitutes and appoints ...................................... <br />............................................................................................................................................... attorney, <br />to transfer the same on the books of the Auditor with full power of substitution in the premises. <br /> <br />Dated: ....................................................................... <br /> <br />NOTE: The signature to this Assignment must correspond with the name as written on the face of the <br /> within bond in every particular, without alteration or enlargement or any change whatsoever. <br /> <br /> Section 17. Proceedings Constitute Contract. The provisions of this resolution and of the resolu- <br />tions providing for the sale' of the bonds and awarding the bonds and fixing the interest ra~ or rates <br />thereon shall constitute a contract between the City and the bondholders and the provisions thereof <br />shall be enforceable by any bondholder for the equal benefit and protection of all bondholders similarly~': <br />situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law <br />or in equity that is now or may hereafter be authorized under the laws of the State of California in any <br />court of competent jurisdiction. Said contract is made under and is to be construed in accordance with <br />the laws of the State of California. <br /> <br /> No remedy conferred hereby upon any bondholder is entitled to be exclusive of any other remedy~ <br />but each such remedy is cumulative and in addition to every other remedy and may be exer(tsed without' <br />exhausting and without regard to any other remedy conferred by the Revenue Bond Law of 1941 or any <br />other law of the State of California. No waiver of any default or breach of duty or contract by any <br />bondholder shall affect any subsequent default or breach of duty or contract or shall impair any rights or <br />remedies on said subsequent default or breach. No delay or omission of any bondholder to exercise any <br />right or power accruing upon any default shall impair any such right or power or shall be construed as a <br />waiver of any such default or acquiescence therein. Every substantive right and every remedy conferred <br />upon the bondholders may be enforced and exercised as often as may be deemed expedient. In case any <br />suit, action or proceeding to enforce any right or exercise any remedy shall be brought or taken and the <br />bondholder shall prevail, said bondholder shall be entitled to receive from the Revenue Fund reimburse- <br />ment for reasonable costs, expenses, outlays and attorney's fees and should said suit, action or proceeding <br />be abandoned, or be determined adversely to the bondholders then, and in every such case, the City <br />and the bondholders shall be restored to their former positions, rights and remedies as if such suit, action '~ <br />or proceeding had not been brought or taken. <br /> <br /> After the issuance and delivery of the bonds this resolution shall be irrepealable, but shall be subject <br />to modification to the extent and in the manner provided in Section 15 of this resolution, but to no <br />greater extent and in no other manner. <br /> <br /> Section 18. Future Contracts. Nothing herein contained shall be deemed to restrict or prohibit <br />the City from making contracts or creating bonded or other indebtedness payable from the general fund <br />of the City or from taxes or any source other than the revenues of the enterprise as defined herein, and <br />from and after the sale of the bonds the general fund of the City shall not include the revenues of the <br />enterprise and no contract or other obligation payable from the general fund of the City shall be payable <br />from the revenues of the enterprise, except as provided in Section 10(g) hereof. <br /> <br />21 <br /> <br /> <br />