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impair any such right or remedy or shall be construed to be a waiver of any such default or <br /> breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon <br /> the Holders by the Act or by this Article may be enforced and exercised from time to time and as <br /> often as shall be deemed expedient by the Holders <br /> If any action, proceeding or suit to enforce any right or exercise any remedy is <br /> abandoned, the Authority and any Holder shall be restored to their former positions, rights and <br /> remedies as if such action, proceeding or suit had not been brought or taken <br /> SECTION 8 05 Actions by Trustee as Attorney-in-Fact Any action, <br /> proceeding or suit which any Holder shall have the nght to bring to enforce any right or remedy <br /> hereunder may be brought by the Trustee for the equal benefit and protection of all Holders, <br /> whether or not the Trustee is a Holder, and the Trustee is hereby appointed(and the successive <br /> Holders, by taking and holding the Bonds issued hereunder, shall be conclusively deemed to <br /> have so appointed it) the true and lawful attorney-in-fact of the Holders for the purpose of <br /> bringing any such action, proceeding or suit and for the purpose of doing and performing any <br /> and all acts and things for and on behalf of the Holders as a class or classes as may be advisable <br /> or necessary in the opinion of the Trustee as such attorney-in-fact <br /> SECTION 8.06 Remedies Not Exclusive No remedy herein conferred <br /> upon or reserved to the Holders is intended to be exclusive of any other remedy, and each such <br /> remedy shall be cumulative and shall be in addition to every other remedy given hereunder or <br /> now or hereafter existing at law or in equity or by statute or otherwise and may be exercised <br /> without exhausting and without regard to any other remedy conferred by the Act or any other <br /> law <br /> SECTION 8 07 Limitation on Holders' Right to Sue No Holder of any <br /> Bond issued hereunder shall have the right to institute any suit, action or proceeding at law or <br /> equity, for any remedy under or upon this Trust Agreement, unless (a) such Holder shall have <br /> previously given to the Trustee written notice of the occurrence of an event of default as defined <br /> in Section 8 01 hereunder, (b)the Holders of at least a majority in aggregate principal amount of <br /> all the Bonds then Outstanding shall have made written request upon the Trustee to exercise the <br /> powers herembefore granted or to institute such suit, action or proceeding in its own name, <br /> (c) said Holders shall have tendered to the Trustee reasonable security or indemnity against the <br /> costs, expenses and liabilities to be incurred in compliance with such request, and(d)the Trustee <br /> shall have refused or omitted to comply with such request for a period of sixty(60) days after <br /> such request shall have been received by, and said tender of indemnity shall have been made to, <br /> the Trustee <br /> Such notification, request, tender of indemnity and refusal or omission are hereby <br /> declared, in every case, to be conditions precedent to the exercise by any owner of Bonds of any <br /> remedy hereunder, it being understood and intended that no one or more owners of Bonds shall <br /> have any right in any manner whatever by his or their action to enforce any right under this Trust <br /> Agreement, except in the manner herein provided, and that all proceedings at law or in equity to <br /> enforce any provision of the Trust Agreement shall be instituted, had and maintained in the <br /> manner herein provided and for the equal benefit of all Holders of the Outstanding Bonds <br /> -28- <br /> 2762680 2 <br />