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represented by the Certificates at the time Outstanding shall <br />be entitled, upon notice in writing to the City and the <br />Corporation, to exercise the remedies provided to the <br />Corporation in the Facility Lease and to the Trustee in the <br />Assignment Agreement. <br /> <br /> SECTION 7.02. Other Remedies of the Trustee. The <br />Trustee shall have the right -- <br /> <br /> (a) by mandamus or other action or proceeding or <br /> suit at law or in equity to enforce its rights against <br /> the Corporation or the City or any member, director, <br /> officer or employee thereof, and to compel the <br /> Corporation or the City or any such member, director, <br /> officer or employee to perform or carry out its or his or <br /> her duties under law and the agreements and covenants <br /> required to be performed by it or him or her contained <br /> herein; <br /> <br /> (b) by suit in equity to enjoin any acts or things <br /> which are unlawful or violate the rights of the Trustee; <br /> or <br /> <br /> (c) by suit in equity upon the happening of any <br /> default hereunder to require the Corporation and the City <br /> and any members, directors, officers and employees <br /> thereof to account as the trustee of an express trust. <br /> <br /> SECTION 7.03. Non-Waiver. A waiver of any default <br />or breach of duty or contract by the Trustee shall not affect <br />any subsequent default or breach of duty or contract or impair <br />any rights or remedies on any such subsequent default or <br />breach of duty or contract. No delay or omission by the <br />Trustee to exercise any right or remedy accruing upon any <br />default or breach of duty or contract shall impair any such <br />right or remedy or shall be construed to be a waiver of any <br />such default or breach of duty or contract or an acquiescence <br />therein, and every right or remedy conferred upon the Trustee <br />by law or by this Article may be enforced and exercised from <br />time to time and as often as shall be deemed expedient by the <br />Trustee. <br /> <br /> If any action, proceeding or suit to enforce any <br />right or to exercise any remedy is abandoned or determined <br />adversely to the Trustee, the Trustee and the Corporation and <br />the City shall be restored to their former positions, rights <br />and remedies as if such action, proceeding or suit had not <br />been brought or taken. <br /> <br /> 38 <br />1451S <br /> <br /> <br />