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<br />27 <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 />Section 7.05. Remedies Not Exclusive. <br /> <br />No remedy herein conferred upon or reserved to the Authority is intended to be <br />exclusive of any other remedy, and each such remedy shall be cumulative and shall be in <br />addition to every other remedy given hereunder or now or hereafter existing in law or in equity <br />or by statute or otherwise and may be exercised without exhausting and without regard to any <br />other remedy conferred by any other law. <br /> <br /> <br />ARTICLE VIII <br /> <br />MISCELLANEOUS <br /> <br />Section 8.01. Liability of City Limited. <br /> <br />Notwithstanding anything contained herein, the City shall not be required to advance any <br />moneys derived from any source of income other than the Net Revenues legally available <br />therefor in the Revenue Fund, and the other funds provided herein and in the Indenture for the <br />payment of the Installment Payments or for the performance of any agreements or covenants <br />contained herein required to be performed by it. The City may, however, but shall not be <br />required to, advance moneys for any such purpose so long as such moneys are derived from a <br />source legally available for such purpose and may be legally used by the City for such purpose. <br /> <br />The obligation of the City to make the Installment Payments and the other amounts due <br />hereunder is a special obligation of the City payable solely from the moneys legally available <br />therefor hereunder and under the Indenture, including but not limited to the Net Revenues and <br />such other funds, but excluding the proceeds of any taxes, and does not constitute a debt or <br />pledge of the faith and credit of the City or of the State of California or of any political <br />subdivision thereof within the meaning of any constitutional or statutory debt limitation or <br />restriction. <br /> <br />Section 8.02. Benefits of Installment Purchase Contract Limited to Parties. <br /> <br />Except as provided in Section 8.03, nothing contained herein, express or implied, is <br />intended to give to any person other than the City or the Authority any right, remedy or claim <br />under or pursuant hereto, and any agreement or covenant required herein to be performed by or <br />8.A. - Page 195 of 255 <br />823