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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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6/15/2000 4:39:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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action to enforce any right under the Trust Agreement, except in the manner herein provided, <br />and that all proceedings at law or in equity with respect to an Event of Default shall be <br />instituted, had and maintained in the manner herein provided and for the equal benefit of all <br />Owners of the Outstanding Bonds. <br />The right of any Owner of any Bond to receive payment as the same become <br />due, or to institute suit for the enforcement of such payment, shall not be impaired or affected <br />without the consent of such Owner, notwithstanding the foregoing provisions of this Section <br />or any other provision hereof. <br />Section 612. Owners as Third Party Beneficiaries. <br />It is acknowledged by the parties hereto that the Owners, from time to time, of <br />the Bonds are and shall be deemed to be third party beneficiaries of the right of the Authority <br />to receive Lease Payments under and pursuant to the Lease Agreement. <br />Section 613. Institution of Legal Proceedings. <br />If one or more events of default under any Lease Agreement shall happen and <br />be continuing, the Trustee in its discretion may, and upon the written request of the Owners of <br />a majority in principal amount of the Bonds then Outstanding, and upon being indemnified to <br />its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of the <br />Owners of Bonds by a suit in equity or action at law, either for the specific performance of <br />any covenant or agreement contained herein, or in aid of the execution of any power herein <br />granted, or by mandamus or other appropriate proceeding for the enforcement of any other <br />legal or equitable remedy as the Trustee shall deem most effectual in support of any of its <br />rights or duties hereunder. <br />Section 614. Non-Waiver. <br />Nothing in this Article Vi or in any other provision bf this Agreement or in the <br />Bonds shall affect or impair the obligation of the City or the Authority which is absolute and <br />unconditional, to pay the Lease Payments as provided in the Lease Agreement. No delay or <br />omission of the Trustee or of any Owner of any of [he fonds to exercise any right or power <br />arising upon the happening of any event of default shall impair any such right or power or <br />shall be construed to be a waiver of any such event of default or an acquiescence therein, and <br />every power and remedy given by [his Article VI to the Trustee or to the Owners of Bonds <br />may be exercised from time to time and as often as shall be deemed expedient by the Trustee <br />or the Bond Owners. <br />Section 615. Remedies Not Exclusive. <br />No remedy herein conferced upon or reserved to the Trustee or to the Bond <br />Owners is intended to be exclusive of any other remedy, and every such remedy shall be <br />32 <br />9406901M.IA1 <br />
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