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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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amounts which would be applicable to payment of Bond Service Charges collected pursuant to <br /> action taken under this Section shall be paid into the Bond Fund and applied in accordance with <br /> the provisions of the Indenture or, if the Outstanding Bonds have been paid and discharged in <br /> accordance with the provisions of the Indenture, shall be paid as provided in Section 5.09 of the <br /> Indenture for transfers of remaining amounts in the Bond Fund. <br /> The provisions of this Section are subject to the further limitation that the rescission by <br /> the Trustee of its declaration that all of the Bonds are immediately due and payable also shall <br /> constitute an annulment of any corresponding declaration made pursuant to paragraph (a) of this <br /> Section and a waiver and rescission of the consequences of that declaration and of the Event of <br /> Default with respect to which that declaration has been made, provided that no such waiver or <br /> rescission shall extend to or affect any subsequent or other default or impair any right consequent <br /> thereon. <br /> Section 7.3. No Remedy Exclusive. <br /> No remedy conferred upon or reserved to the Issuer or the Trustee by this Agreement is <br /> intended to be exclusive of any other available remedy or remedies, but each and every such <br /> remedy shall be cumulative and shall be in addition to every other remedy given under this <br /> Agreement, the Regulatory Agreement or the Note, or now or hereafter existing at law, in equity <br /> or by statute. No delay or omission to exercise any right or power accruing upon any default <br /> shall impair that right or power or shall be construed to be a waiver thereof, but any such right <br /> and power may be exercised from time to time and as often as may be deemed expedient. In <br /> order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it <br /> shall not be necessary to give any notice, other than any notice required by law or for which <br /> express provision is made herein. <br /> Section 7.4. Agreement to Pay Attorneys' Fees and Expenses. <br /> If an Event of Default should occur and the Issuer or the Trustee should incur expenses, <br /> including attorneys' fees, in connection with the enforcement of this Agreement, the Regulatory <br /> Agreement or the Note or the collection of sums due thereunder, the Borrower shall reimburse <br /> the Issuer and the Trustee, as applicable, for the expenses so incurred upon demand. <br /> Section 7.5. No Waiver. <br /> No failure by the Issuer or the Trustee to insist upon the strict performance by the <br /> Borrower of any provision hereof shall constitute a waiver of their right to strict performance and <br /> no express waiver shall be deemed to apply to any other existing or subsequent right to remedy <br /> the failure by the Borrower to observe or comply with any provision hereof. <br /> Section 7.6. Notice of Default. <br /> The Borrower shall notify the Trustee immediately if it becomes aware of the occurrence <br /> of any Event of Default hereunder or of any fact, condition or event which, with the giving of <br /> notice or passage of time or both, would become an Event of Default. <br /> 3 <br />
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