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<br />26 <br />date or the date of any judgment or decree for the payment of the money due shall have been <br />obtained or entered, the City shall deposit with the Trustee a sum sufficient to pay such unpaid <br />principal amount of the Installment Payments due prior to such date, with any interest due on <br />such overdue installments, and the reasonable expenses of the Authority and the Trustee, and <br />any and all other defaults known to the Authority (other than in the payment of such principal <br />amount of the unpaid Installment Payments due and payable solely by reason of such <br />declaration) shall have been made good or cured to the satisfaction of the Authority or provision <br />deemed by the Authority to be adequate shall have been made therefor, then and in every such <br />case the Authority, by written notice to the City, may rescind and annul such declaration and its <br />consequences; but no such rescission and annulment shall extend to or shall affect any <br />subsequent default or shall impair or exhaust any right or power consequent thereon. <br /> <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; provided, however, that the Gross Revenues thereafter received <br />shall be applied to the Installment Payments and any Parity Obligations without preference or <br />priority, and in the event of any insufficiency of such moneys, ratably without any discrimination <br />or preference. <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 />8.A. - Page 194 of 255 <br />822