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Ord 2000-010
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Ord 2000-010
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7/19/2006 1:54:24 PM
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City Clerk
City Clerk - Document
Ordinances
Number
2000-10
Date
2/14/2000
Volume Book
139
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<br />(g) The covenants and representations made or required by this Section are for the benefit of <br />the Owners and may be relied upon by the Owners and Bond Counsel for the City. <br /> <br />(h) The covenants set forth in subsections (b), (c), (d) and (e) of this Section shall survive the <br />later of the defeasance or discharge of the Certificates. <br /> <br />ARTICLE X <br /> <br />DEFAULT AND REMEDIES <br /> <br />Section 10.01. Events of Default. <br /> <br />Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to <br />be an "Event of Default," to-wit: <br /> <br />(i) the failure to make payment of the principal of or interest on any ofthe Certificates <br />when the same becomes due and payable; or <br /> <br />(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 />Owners, including but not limited to, their prospect or ability to be repaid in accordance with this <br />Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given <br />by any Owner to the City. <br /> <br />Section 10.02. Remedies for Default. <br /> <br />(a) Upon the happening of any Event of Default, then and in every case any Owner or an <br />authorized representative thereof, including but not limited to, a trustee or trustees therefor, may proceed <br />against the City for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, <br />by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent <br />jurisdiction, for any rei ief 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 violation of any right of <br />the Owners hereunder or any combination of such remediā¬(s. <br /> <br />(b) It is provided that all such proceedings shall be instituted and maintained for the equal <br />benefit of all Owners of Certificates then outstanding. <br /> <br />Section 10.03. Remedies Not Exclusive. <br /> <br />(a) No remedy herein conferred or reserved is intended to be exclusive of any other available <br />remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every <br />other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; <br />provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the <br />debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. <br /> <br />(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of <br />any other available remedy. <br /> <br />R:\SANMAR\CO.OO\DocsIFlNALIORDCO. WPD <br /> <br />28 <br />
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