Bill No. 20-22 Amending Bond Ordinance_City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEI_Genesis Project)

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26 The provisions of this Section are subject to the further limitation that the rescission by the Trustee of its declaration that all of the Bonds are immediately due and payable also shall constitute an annulment of any corresponding declaration made pursuant to paragraph (a) of this Section and a waiver and rescission of the consequences of that declaration and of the Event of Default with respect to which that declaration has been made; provided, that no such waiver or rescission shall extend to or affect any subsequent or other default or impair any right consequent thereon. Section 7.3. No Remedy Exclusive. No remedy conferred upon or reserved to the Issuer or the Trustee by this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Original Agreement, the First Amended and Restated Agreement, the Second Amended and Restated Agreement, this Third Amended and Restated Agreement, the Letter of Credit or any Note, or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair that right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than any notice required by law or for which express provision is made herein. Section 7.4. Agreement to Pay Attorneys’ Fees and Expenses. If an Event of Default should occur and the Issuer or the Trustee should incur fees and expenses, including attorneys’ fees, in connection with the enforcement of the Original Agreement, the First Amended and Restated Agreement, the Second Amended and Restated Agreement, this Third Amended and Restated Agreement, the Letter of Credit or any Note or the collection of sums due thereunder, the Borrower shall reimburse the Issuer and the Trustee, as applicable, for the reasonable fees and expenses so incurred upon demand. Section 7.5. No Waiver. No failure by the Issuer or the Trustee to insist upon the strict performance by the Borrower of any provision hereof shall constitute a waiver of their right to strict performance and no express waiver shall be deemed to apply to any other existing or subsequent right to remedy the failure by the Borrower to observe or comply with any provision hereof. The Issuer and the Trustee may waive or agree to forbear with respect to any Event of Default hereunder only with the prior written consent of the Bank, if any, the Confirming Bank, if any, and the Initial BSBY Rate Bond Purchaser. Section 7.6. Notice of Default. The Borrower or the Issuer shall notify the Trustee, the Bank , if any, the Confirming Bank, if any, and the Initial BSBY Rate Bond Purchaser, immediately if it becomes aware of the occurrence of any Event of Default hereunder or of any fact, condition or event which, with the giving of notice or the passage of time or both, would become an Event of Default. Section 7.7. Remedies Subject to Bank’s Direction. Except in the case of an Event of Default pursuant to Section 7.01(g) or (h) of the Indenture, the Bank, if any, the Confirming Bank, if any, and the Initial BSBY Rate Bond Purchaser shall have the right to direct the