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07
City of Pleasanton
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2017
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020717
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07
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2/3/2017 12:46:45 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/7/2017
DESTRUCT DATE
15Y
DOCUMENT NO
07
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SECTION 10 11 Article and Section Headings and References The <br /> headings or titles of the several articles and sections hereof and the table of contents appended <br /> hereto shall be solely for convenience of reference and shall not affect the meaning, construction <br /> or effect hereof All references herein to "Articles," "Sections" and other subdivisions or clauses <br /> are to the corresponding articles, sections, subdivisions or clauses hereof, and the words <br /> "hereby," "herein," "hereof," "hereto," "herewith," "hereunder" and other words of similar <br /> import refer to the Trust Agreement as a whole and not to any particular article, section, <br /> subdivision or clause hereof <br /> SECTION 10 12 Partial Invalidity If any one or more of the agreements or <br /> covenants or portions thereof required hereby to be performed by or on the part of the Authority <br /> or the Trustee shall be contrary to law, then such agreement or agreements, such covenant or <br /> covenants or such portions thereof shall be null and void and shall be deemed separable from the <br /> remaining agreements and covenants or portions thereof and shall in no way affect the validity <br /> hereof or of the Bonds, and the Holders shall retain all the benefit,protection and security <br /> afforded to them under the Act or any other applicable provisions of law The Authority and the <br /> Trustee hereby declare that they would have executed and delivered the Trust Agreement and <br /> each and every other article, section, paragraph, subdivision, sentence, clause and phrase hereof <br /> and would have authorized the issuance of the Bonds pursuant hereto irrespective of the fact that <br /> any one or more articles, sections, paragraphs, subdivisions, sentences, clauses or phrases hereof <br /> or the application thereof to any person or circumstance may be held to be unconstitutional, <br /> unenforceable or invalid <br /> SECTION 10 13 Execution in Several Counterparts This Trust Agreement <br /> may be executed in any number of counterparts and each of such counterparts shall for all <br /> purposes be deemed to be an original, and all such counterparts, or as many of them as the <br /> Authority and the Trustee shall preserve undestroyed, shall together constitute but one and the <br /> same instrument <br /> SECTION 10 14 Amendments to Agreement The Authority shall not <br /> supplement, amend, modify or terminate any of the terms of the Agreement, or consent to any <br /> such supplement, amendment, modification or termination, without the written consent of the <br /> Trustee and the Original Purchaser if the Original Purchaser is a Holder The Trustee shall give <br /> such written consent only if such supplement, amendment, modification or termination will not <br /> materially adversely affect the interests of the Holders or result in any material impairment of the <br /> secunty hereby given for the payment of the Bonds (provided that such supplement, amendment <br /> or modification shall not be deemed to have such adverse effect or to cause such material <br /> impairment solely by reason of providing for the payment of Additional Bonds as required by <br /> Section 3 01(c)) No such supplement, amendment, modification or termination shall reduce the <br /> amount of Installment Sale Payments to be made to the Authority or the Trustee by the City <br /> pursuant to the Agreement, or extend the time for making such payments, or permit the creation <br /> of any lien prior to or on a panty with the lien created by the Agreement on Water Revenues <br /> (except as expressly provided in the Agreement), in each case without the written consent of all <br /> of the Holders of the Bonds then Outstanding <br /> SECTION 10 15 Waiver of Jury Trial To the fullest extent permitted by law, <br /> each of the Authority and the Trustee hereby waives its right to trial by jury in any action, <br /> -33- <br /> 2762680 2 <br />
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