My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
sbend
>
Public
>
Common Council
>
Legislation
>
Ordinances
>
2023
>
10963-23-Ordinance Authorizing the Acquisition and Construction of Certain Additions and Improvements to the Municipal Waterworks of the City of South Bend
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/1/2024 9:58:33 AM
Creation date
3/1/2024 9:58:18 AM
Metadata
Fields
Template:
City Council - City Clerk
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
58
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
ARTICLE V <br /> MISCELLANEOUS <br /> Section 5.01. Citations. Any reference to a part, provision, section or other reference <br /> description of a federal or State statute, rule or regulation contained herein shall include any <br /> amendments, replacements or supplements to such statutes, rules or regulation as may be made <br /> effective from time to time. Any reference to a Loan disbursement shall include any disbursement <br /> from the Construction Fund. Any use of the term "including"herein shall not be a limitation as to <br /> any provision herein contained but shall mean and include,without limitation,the specific matters <br /> so referenced. <br /> Section 5.02. Assignment. Neither this Agreement, nor the Loan or the proceeds thereof <br /> may be assigned by the Participant without the prior written consent of the Finance Authority and <br /> any attempt at such an assignment without such consent shall be void. The Finance Authority may <br /> at its option sell or assign all or a portion of its rights and obligations under this Agreement, the <br /> Authorizing Instrument, and the Bonds to an agency of the State or to a separate body corporate <br /> and politic of the State or to a trustee under trust instrument to which the Finance Authority, the <br /> State or any assignee is a beneficiary or party. The Finance Authority may at its option pledge or <br /> assign all or a portion of its rights under this Agreement, the Authorizing Instrument, and the <br /> Bonds to any person. The Participant hereby consents to any such pledge or assignment by the <br /> Finance Authority. This Agreement shall be binding upon and inure to the benefit of any permitted <br /> secured party, successor and assign. <br /> Section 5.03. No Waiver. Neither the failure of the Finance Authority nor the delay of <br /> the Finance Authority to exercise any right,power or privilege under this Agreement shall operate <br /> as a waiver thereof,nor shall any single or partial exercise of any right,power or privilege preclude <br /> any other further exercise of any other right,power or privilege. <br /> Section 5.04. Modifications. No change or modification of this Agreement shall be valid <br /> unless the same is in writing and signed by the parties hereto. <br /> Section 5.05. Entire Agreement. This Agreement contains the entire agreement between <br /> the parties hereto and there are no promises, agreements, conditions,undertakings, warranties and <br /> representations, either written or oral, expressed or implied between the parties hereto other than <br /> as herein set forth or as may be made in the Authorizing Instrument and the other papers delivered <br /> in connection herewith. In the event there is a conflict between the terms of this Agreement and <br /> the Authorizing Instrument, the terms of this Agreement shall control. It is expressly understood <br /> and agreed that except as otherwise provided herein this Agreement represents an integration of <br /> any and all prior and contemporaneous promises,agreements,conditions,undertakings,warranties <br /> and representations between the parties hereto.This Agreement shall not be deemed to be a merger <br /> or integration of the existing terms under the Prior Agreement except as expressly set forth in <br /> Section 4.03 herein. <br /> Section 5.06. Execution of Counterparts. This Agreement may be executed in any <br /> number of counterparts, each of which shall be executed by the Finance Authority and the <br /> Participant, and all of which shall be regarded for all purposes as one original and shall constitute <br /> one and the same instrument. <br /> Section 5.07. Severability of Invalid Provisions. If any one or more of the covenants or <br /> agreements provided in this Agreement on the part of the Finance Authority or the Participant to <br /> be performed shall be deemed by a court of competent jurisdiction to be contrary to law or cause <br /> the Bonds to be invalid as determined by a court of competent jurisdiction, then such covenant or <br /> covenants or agreement or agreements shall be deemed severable from the remaining covenants <br /> and agreements and waived and shall in no way affect the validity of the other provisions of this <br /> Agreement. <br /> Section 5.08. Notices. All notices hereunder shall be sufficiently given for all purposes <br /> hereunder if in writing and delivered personally or sent or transmitted to the appropriate destination <br /> B-17 <br />
The URL can be used to link to this page
Your browser does not support the video tag.