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60-18 Bond Financing for the Community Center Project
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60-18 Bond Financing for the Community Center Project
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11/7/2018 2:09:11 PM
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11/7/2018 2:08:28 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/12/2018
Bill Number
60-18
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sufficient for any of the purposes of this Indenture, and shall be conclusive in favor of the <br /> Trustee with regard to any action taken under such request or other instrument, namely: <br /> (a) The fact and date of the execution by any person of any such writing may be <br /> proved by the certificate of any officer in any jurisdiction who by law has power to take <br /> acknowledgments within such jurisdiction that the person signing such writing acknowledged <br /> before him the execution thereof, or by affidavit of any witness to such execution. <br /> (b) The fact of the holding by any person of Bonds transferable by delivery and the <br /> amounts and numbers of such Bonds, and the date of the holding of the same, may be proved by <br /> a certificate executed by any trust company, bank or bankers, wherever situated, stating that at <br /> the date thereof the party named therein did exhibit to an officer of such trust company or bank <br /> or to such banker, as the property of such party, the Bonds therein mentioned if such certificate <br /> shall be deemed by the Trustee to be satisfactory. The Trustee may, in its discretion, require <br /> evidence that such Bonds have been deposited with a bank, bankers or trust company, before <br /> taking any action based on such ownership. In lieu of the foregoing, the Trustee may accept other <br /> proofs of the foregoing as it shall deem appropriate. <br /> For all purposes of this Indenture and of the proceedings for the enforcement hereof, such <br /> person shall be deemed to continue to be the holder of such Bonds until the Trustee shall have <br /> received notice in writing to the contrary. <br /> Section 10.5 Limitation of Rights. With the exception of rights herein expressly <br /> conferred, nothing expressed or mentioned in or to be implied from this Indenture or the Bonds <br /> is intended or shall be construed to give to any person other than the parties hereto, the Public <br /> Library and the holders of the Bonds, any legal or equitable right, remedy or claim under or in <br /> respect to this Indenture or any covenants, conditions and provisions herein contained, this <br /> Indenture and all of the covenants, conditions and provisions hereof being intended to be and <br /> being for the sole and exclusive benefit of the parties hereto, the Public Library and the holders <br /> of the Bonds as herein provided. <br /> Section 10.6 Severability. If any provision of this Indenture shall be held or deemed to <br /> be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any <br /> jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any <br /> other provision or provisions hereof or any constitution or statute or rule of public policy, or for <br /> any other reason, such circumstances shall not have the effect of rendering the provision in <br /> question inoperative or unenforceable in any other case or circumstance, or of rendering any <br /> other provision or provisions herein contained invalid, inoperative, or unenforceable to any <br /> extent whatever. <br /> The invalidity of any one or more phrases, sentences, clauses or Sections in this Indenture <br /> contained shall not affect the remaining portions of this Indenture, or any part thereof. <br /> Section 10.7 Notices. All notices, demands, certificates or other communications <br /> hereunder shall be sufficiently given and shall be deemed given when mailed by registered or <br /> certified mail, postage prepaid, with proper address as indicated below. The Issuer, the Public <br /> Library, and the Trustee may, by written notice given by each to the others, designate any <br /> address or addresses to which notices, demands, certificates or other communications to them <br /> 45 <br />
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