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80A - JOINT - SAFA - WATER SYS BONDS
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80A - JOINT - SAFA - WATER SYS BONDS
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Last modified
7/10/2014 4:49:13 PM
Creation date
7/10/2014 4:25:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
80A
Date
7/15/2014
Destruction Year
2019
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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 <br />exercise any right or remedy accruing upon any default or breach of duty or contract shall impair <br />any such right or remedy or shall be construed to be a waiver of any such default or breach of <br />duty or contract or an acquiescence therein, and every right or remedy conferred upon the <br />Authority by the Law or by this article may be enforced and exercised from time to time and as <br />often as shall 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 <br />or taken. <br />SECTION 8.05. Remedies Not Exclusive. No remedy herein conferred upon or <br />reserved to the Authority is intended to be exclusive of any other remedy, and each such remedy <br />shall be cumulative and shall be in addition to every other remedy given hereunder or now or <br />hereafter existing in law or in equity or by statute or otherwise and may be exercised without <br />exhausting and without regard to any other remedy conferred by law. <br />ARTICLE IX <br />DISCHARGE OF OBLIGATIONS <br />SECTION 9.01. Dischar¢e 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 <br />of a Series the interest thereon and the principal thereof and the redemption premiums, if any, <br />thereon or if all such Outstanding Obligations shall be deemed to have been paid at the times and <br />in the manner stipulated in the applicable Issuing Instrument, then all agreements, covenants and <br />other 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 <br />or 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 <br />any source of income other than the Net System Revenues and the other funds provided herein <br />for the payment of the Installment Payments or for the performance of any other agreements or <br />covenants required to be performed by it contained herein. The City may, however, but in no <br />event shall be obligated to, advance moneys for any such purpose so long as such moneys are <br />80. X43 <br />55394.00011 \88196083 <br />
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