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<br />23 <br />Section 7.02. Application of Funds Upon Acceleration. <br /> <br />All moneys and investments in the funds and accounts held hereunder and under the <br />Indenture (other than the Rebate Fund, if any) upon the date of the declaration of acceleration <br />as provided in Section 7.01 and all Gross Revenues thereafter received shall be applied as <br />provided for in the Indenture. <br /> <br />Section 7.03. Other Remedies of the Authority. <br /> <br />The Authority may-- <br /> <br />(a) by mandamus or other action or proceeding or suit at law or in equity <br />enforce its rights against the City, or any board member, officer or employee thereof, <br />and compel the City or any such board member, officer or employee to perform and <br />carry out its or his duties under applicable law and the agreements and covenants <br />contained herein required to be performed by it or him; <br /> <br />(b) by suit in equity enjoin any acts or things which are unlawful or violate the <br />rights of the Authority; <br /> <br />(c) by suit in equity upon the happening of an Event of Default require the <br />City and its board members, officers and employees to account as the trustee of an <br />express trust; or <br /> <br />(d) by suit in equity, to seek the appointment of a receiver or other third party <br />to operate the Enterprise and collect the Gross Revenues. <br /> <br />Section 7.04. Non-Waiver. <br /> <br />Nothing in this Article VII or in any other provision hereof shall affect or impair the <br />obligation of the City, which is absolute and unconditional, to pay the Installment Payments to <br />the Authority at the respective due dates or upon prepayment from the Gross Revenues, or, <br />except as expressly provided herein, shall affect or impair the right of the Authority, which is <br />also absolute and unconditional, to institute suit to enforce such payment by virtue of the <br />contract embodied herein. <br /> <br />A waiver of any default or breach of duty or contract by the Authority shall not affect any <br />subsequent default or breach of duty or contract or impair any rights or remedies on any such <br />subsequent default or breach of duty or contract. No delay or omission by the Authority to <br />exercise any right or remedy accruing upon any default or breach of duty or contract shall impair <br />any such right or remedy or shall be construed to be a waiver of any such default or breach of <br />duty or contract or an acquiescence therein, and every right or remedy conferred upon. the <br />Authority by applicable law or by this Article VII may be enforced and exercised from time to <br />time and as often as shall be deemed expedient by the Authority. <br /> <br />If any action, proceeding or suit to enforce any right or exercise any remedy is <br />abandoned or determined adversely to the Authority, the City and the Authority shall be restored <br />to their former positions, rights and remedies as if such action, proceeding or suit had not been <br />brought or taken. <br /> <br />8.C. - Page 185