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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Amend & Restating Ordinance #9027-99 Concerning Construction of Improvements to Wworks, amount not to exceed $2,6000,000
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Last modified
5/15/2009 1:50:10 PM
Creation date
11/21/2008 3:58:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/28/2000
Ord-Res Number
9095-00
Bill Number
23-00
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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. <br />Section 5.02. Assignment. Neither this Agreement, nor the Loan or the proceeds <br />thereof may be assigned by the Qualified Entity without the prior written consent of the State <br />and any attempt at such an assignment without such consent shall be void. The State may at its <br />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 <br />corporate and politic of the State or to a trustee under trust instrument to which the State or <br />any assignee is a beneficiary or party. The State may at its option assign all or a portion of its <br />rights under this Agreement to any person. The Qualified Entity hereby consents to any such <br />assignment by the State. This Agreement shall be binding upon and inure to the benefit of any <br />permitted successor and assign. <br />Section 5.03. No Waiver. Neither the failure of the State nor the delay of the State to <br />exercise any right, power or privilege under this Agreement shall operate as a waiver thereof, <br />nor shall any single or partial exercise of any right, power or privilege preclude any other <br />further exercise of any other right, power or privilege. <br />Section 5.04. Modifications. No change or modification of this Agreement shall be <br />valid unless the same is in writing and signed by the parties hereto. <br />Section 5.05. Entire Agreement. This Agreement contains the entire agreement <br />between the parties hereto and there are no promises, agreements, conditions, undertakings, <br />warranties and representations, either written or oral, expressed or implied between the parties <br />hereto other than as herein set forth or as may be made in the Authorizing Instrument and the <br />other papers delivered in connection herewith. In the event there is a conflict between the <br />terms of this Agreement and the Authorizing Instrument, the terms of this Agreement shall <br />control. It is expressly understood and agreed that except as otherwise provided herein this <br />Agreement represents an integration of any and all prior and contemporaneous promises, <br />agreements, conditions, undertakings, warranties and representations between the parties <br />hereto. This Agreement shall not be deemed to be a merger or integration of the existing <br />terms under the Prior Agreement except as expressly set forth in 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 State and the Qualified Entity, <br />and all of which shall be regarded for all purposes as one original and shall constitute one and <br />the same instrument. <br />430848 16 <br />
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