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(ii) default in the performance or observance of any other covenant, agreement or <br />obligation of the City, the failure to perform which materially, adversely affects the rights of the <br />Registered Owners of the Bonds, including, but not limited to, their prospect or ability to be <br />repaid in accordance with this Second Supplement, and the continuation thereof for a period of <br />60 days after notice of such default is given by any Registered Owner to the City. <br />(b) Remedies for Default. <br />(i) Upon the happening of any Event of Default, then and in every case, any Registered <br />Owner or an authorized representative thereof, including, but not limited to, a trustee or <br />trustees therefor, may proceed against the City, or any official, officer or employee of the <br />City in their official capacity, for the purpose of protecting and enforcing the rights of the <br />Registered Owners under this Second Supplement, by mandamus or other suit, action or <br />special proceeding in equity or at law, in any court of competent jurisdiction, for any <br />relief permitted by law, including the specific performance of any covenant or agreement <br />contained herein, or thereby to enjoin any act or thing that may be unlawful or in <br />violation of any right of the Registered Owners hereunder or any combination of such <br />remedies. <br />(ii) It is provided that all such proceedings shall be instituted and maintained for the <br />equal benefit of all Registered Owners of Bonds then outstanding. <br />(c) Remedies Not Exclusive. <br />(i) No remedy herein conferred or reserved is intended to be exclusive of any other <br />available remedy or remedies, but each and every such remedy shall be cumulative and <br />shall be in addition to every other remedy given hereunder or under the Bonds or now or <br />hereafter existing at law or in equity; provided, however, that notwithstanding any other <br />provision of this Second Supplement, the right to accelerate the debt evidenced by the <br />Bonds shall not be available as a remedy under this Second Supplement. <br />(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a <br />waiver of any other available remedy. <br />(iii) By accepting the delivery of a Bond authorized under this Second Supplement, such <br />Registered Owner agrees that the certifications required to effectuate any covenants or <br />representations contained in this Second Supplement do not and shall never constitute or <br />give rise to a personal or pecuniary liability or charge against the officers, employees or <br />trustees of the City or the City Council. <br />(iv) None of the members of the City Council, nor any other official or officer, agent, or <br />employee of the City, shall be charged personally by the Registered Owners with any <br />liability, or be held personally liable to the Registered Owners under any term or <br />provision of this Second Supplement, or because of any Event of Default or alleged <br />Event of Default under this Second Supplement. <br />32 <br />SanMARCOS\ELectricUliLSysRevBonds\2021: 2116uppOrdmiice <br />