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739
CITY-OF-BATESVILLE
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4/30/2019 2:09:23 PM
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CM <br />Page 25 <br />CM <br />of action 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 remedies herein <br />provided. <br />(d) That all rights and remedies enforceable by the Trustee, may be <br />enforced by it without the possession of any of the bonds or coupons appertain- <br />ing thereto, and any such suit, action or proceeding instituted by the Trustee <br />shall be brought in its name for the benefit of all the holders of such bonds <br />and coupons, subject to the provisions of this Ordinance. <br />(e) That no remedy conferred upon or reserved to the Trustee or to <br />the holders of the bonds is intended to be exclusive of any other remedy or <br />remedies, and each and every such remedy shall be cumulative and shall be <br />in addition to every other remedy given hereunder or now or hereafter existing <br />or available at law or in equity. <br />(f) That no delay or omission of the Trustee or of any holders or <br />registered owners of the bonds to exercise any right or power accrued upon any <br />default shall impair any such right or power or shall be construed to be a waiver <br />of any such default or an acquiescence therein; and every power and remedy <br />given by this Ordinance to the Trustee and to the holders and registered owners <br />of the bonds, respectively, may be exercised from time to time and as often as <br />may be deemed expedient. <br />(g) That the Trustee may, and upon the written request of the <br />holders and registered owners of not less than ten per cent (10%) in principal <br />amount of Sewer Revenue Bonds then outstanding shall, waive any default which <br />shall have been remedied before the entry of final judgment or decree in any <br />suit, action or proceeding instituted under the provisions of this Ordinance <br />or before the completion of the enforcement of any other remedy, but no such <br />waiver shall extend to or affect any other existing or any subsequent default <br />or defaults or impair any rights or remedies consequent thereon. <br />
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