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1991-11-01
CITY-OF-BATESVILLE
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1991-11-01
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r <br /> or thereby and the Trustee shall have refused or neglected to <br /> comply with such request within a reasonable time, and such <br /> notification, request and offer of indemnity are hereby declared in <br /> every such case, at the option of the Trustee, to be conditions <br /> precedent to the execution of the powers and trusts of this <br /> Ordinance or to any other remedy hereunder. It is understood and <br /> intended that no one or more holders or registered owners of the <br /> Bonds hereby secured shall have any right in any manner whatever by <br /> his or their action to affect, disturb or prejudice the security of <br /> this Ordinance, or to enforce any right hereunder except in the <br /> manner herein provided, that all proceedings at law or in equity <br /> shall be instituted, had and maintained in the manner herein <br /> provided and for the benefit of all holders and registered owners <br /> of all outstanding Bonds and that any individual rights of action <br /> or other right given to one or more of such holders and registered <br /> owners by law are restricted by this Ordinance to the rights and <br /> remedies herein provided. <br /> (d) All rights of action under this Ordinance or under <br /> any of the Bonds secured hereby, enforceable by the Trustee, may be <br /> enforced by it without the possession of any of the Bonds <br /> appertaining thereto, and any such suit, action or proceeding <br /> instituted by the Trustee shall be brought in its name for the <br /> benefit of all the holders and registered owners of such Bonds, <br /> subject to the provisions of this Ordinance. <br /> • (e) No remedy herein conferred upon or reserved to the <br /> Trustee or to the holders of the Bonds is intended to be exclusive <br /> of any other remedy or remedies herein provided, and each and every <br /> such remedy shall be cumulative and shall be in addition to every <br /> other remedy given hereunder or given by law. <br /> (f) No delay or omission of the Trustee or of any <br /> holders of the Bonds to exercise any right or power accrued upon <br /> any default shall impair any such right or power or shall be <br /> construed to be a waiver of any such default or an acquiescence <br /> therein; and every power and remedy given by this Ordinance to the <br /> Trustee and to the holders of the Bonds, respectively, may be <br /> exercised from time to time and as often as may be deemed <br /> expedient. <br /> (g) The Trustee may, and upon the written request of the <br /> holders of not less than fifty percent (50%) in principal amount of <br /> the Bonds then outstanding shall, waive any default which shall <br /> have been remedied before the entry of final judgment or decree in <br /> any suit, action or proceeding instituted under the provisions of <br /> this Ordinance or before the completion of the enforcement of any <br /> other remedy, but no such waiver shall extend to or affect any <br /> other existing or any subsequent default or defaults or impair any <br /> rights or remedies consequent thereon. <br /> (h) The cost of any proceedings brought to enforce the <br /> Bonds or any provision of this Ordinance, including reasonable <br /> L.v.Y\k.�t.oaz -22- <br />
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