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<br />. <br /> <br />I <br /> <br />. <br /> <br />State of California. No waiver of any default or breach of any <br />duty or contract by any Bondholder shall affect any subsequent <br />default or breach of any duty or contract or shall impair any <br />rights or remedies on the subsequent default or breach. No <br />delay or omission of any Bondholder to exercise any right or <br />power accruing upon any default shall impair,any such right or <br />power or shall be construed as a waiver of any default or <br />acquiescence therein. Every substantive right and every remedy <br />conferred upon the Bondholders may be enforced and exercised as <br />often as may be deemed expedient. In case any suit, action or <br />proceeding to enforce any right, or exercise any remedy, shall <br />be brought and should said suit, action or proceeding be <br />abandoned, or be determined adversely to the Bondholders, then, <br />and in every such case, the Agency and the Bondholders shall be <br />restored to their former positions, rights and remedies as if <br />the suit, action or proceeding had not been brought or taken. <br /> <br />D. Actions by Fiscal Agent as Attorney-in-Fact. Any <br />suit, action or proceeding which any Owner of Bonds shall have <br />the right to bring to enforce any right or remedy hereunder may <br />be brought by the Fiscal Agent for the equal benefit and <br />protection of all Owners of Bonds similarly situated and the <br />Fiscal Agent is hereby appointed (and the successive respective <br />registered owners of the Bonds issued hereunder, by taking and <br />holding the same, shall be conclusively deemed so to have <br />appointed it). the true and lawful attorney-in-fact of the <br />respective registered owners of the Bonds for the purpose of <br />bringing any suit, action or proceeding and to do and perform <br />any and all acts and things for and on behalf of the respective <br />registered owners of the Bonds as a class or classes, as may be <br />necessary or advisable in the opinion of the Fiscal Agent as <br />attorney-in-fact. <br /> <br />E. General, After the issuance and delivery of the <br />Bonds, this Resolution, and any supplemental resolutions <br />hereto, shall be irrepealable, but shall be subject to <br />modification or amendment to the extent and in the manner <br />provided in this Resolution, but to no greater extent and in no <br />other manner. <br /> <br />Section 25. CUSIP Numbers. CUSIP identification numbers <br />will be imprinted on the Bonds, but numbers shall not <br />constitute a part of the contract evidenced by the Bonds and no <br />liability shall attach to the Agency or any of the officers or <br />agents because of or on account of said numbers.. Any error or <br />omission with respect to the numbers shall not constitute cause <br />for refusal by the successful bidder to accept delivery of and <br />'pay for the Bonds. <br /> <br />Section 26. Severability.' If any covenant, agreement or <br />provision, or any portion thereof, contained in this <br />Resolution, or the application thereof to any person or <br /> <br />0715p/2281/04 <br /> <br />-28- <br />