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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Last modified
7/29/2015 1:24:41 PM
Creation date
7/29/2015 1:19:49 PM
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Agreement
Contractor Name
City of RWC Public Financing Authority
PROJECT NAME
City of RWC Public Financing Authority Water Revenue Refunding Bonds
RMP File Number
505
Date
5/1/2015
Reso Ref
15401, PFA 15-02
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� -- �_.�. I <br /> If any action, proceeding or suit to enforce any right or to exercise any remedy is <br /> abandoned or determined adversely to the Trustee or the Owners, the Trustee, the Owners and <br /> the Authority shall be restored to their former positions, rights and remedies as if such action, <br /> proceeding or suit had not been brought or taken. <br /> Section 6.04. Rernedies Not Exclusive. No remedy herein conferred upon or reserved <br /> to the Trustee is intended to be exclusive of any other remedy, and each such remedy shall be <br /> cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br /> existing in law or in equity or by statute or otherwise and may be exercised without exhausting <br /> and without regard to any ather remedy confe��ed by any other{aw_ <br /> � Section 6.05. No Liability by the T�ustee to the Ow�ers. Except for the duty of the <br /> Trustee to make payments of principal, redemption prerriiums and interest with respect to the <br /> Bonds from moneys received from the Authority, the Trustee will not have any obligation or <br /> liability to the Owners with respect to the payment when due of the principal of or inte�est on the <br /> Bonds, or with respect to the performance by the Authority of the other agreements and <br /> covenants required to be perfo�med by it contained herein. <br /> Section 6.06. Limitation on Owners' Right to B�ing Suit. No Owner of any Bond shall <br /> have any right to institute any proceeding, judicial or othenivise, under or with respect to this <br /> Indenture or the Installment Purchase Contract, or for the appointment of a receiver or trustee or <br /> for any other remedy hereunder, at law or in equity, unless: <br /> (1) such Owner has previously given written notice to the Trustee of a <br /> continuing event of default; <br /> (2) the owners of not less than a majority in principal amount of the Bonds <br /> Outstanding shall have made written request to the Trustee to institute proceedings in <br /> respect of such event of default in its own name as Trustee hereunder; <br /> (3) such Owner or Owners have offered to the Trustee reasonable indemnity, <br /> satisfactory to the Trustee, against the costs, expenses and liabilities to be incurred in <br /> compliance with such request; and <br /> (4) the Trustee for sixty (60) days after its receipt of such notice, request and <br /> offer of indemnity has failed to institute any such proceeding. <br /> It being understood and intended that no one or more Owners shall have any right in any <br /> manner whatever by virtue of, or by availing of, any provision of this Indenture to affect, disturb <br /> or prejudice the lien of this Indenture or the rights of any other Owners or to obtain or to seek to <br /> obtain priority or preference over any other Owners or to enforce any right under this Indenture, <br /> except in the manner herein provided and for the equal and ratable benefrt of all Bonds. <br /> Notwithstanding the foregoing, the Owner of any Bond shall have the right which is absolute and <br /> unconditional to receive payment of interest on such Bond when due in accordance with the <br /> terms thereof and hereof and the principal of such Bond at the stated maturity thereof and to <br /> institute suit for the enforcement of any such payment in accordance with the provisions of this <br /> Indenture and such rights shall not be impaired without the consent of such Owner. <br /> Section 6.0T. Application of Funds Upon Default. All monies received by the Trustee <br /> or by any receiver pursuant to any right given or action taken under the provisions of this Article <br /> VI shall, after payment of the reasonable costs and fees of, and the reasonable fees, expenses, <br /> 32 <br />
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