RES 67055 - Laserfiche WebLink

such moneys shall be insufficient to pay in full the whole amount so owls: amt unpaid upon the Bonds, then to the payment of such principal and interest wililout preference or priority of principal over interest, or of interest over pnnalpai~o of any installment of interest over any other installment of interest, ratably 1o the aggregate of such principal and interest. SECTION 8.03. Other Remedies o] Bondholders. Any Bondholde~aha11 have the fight, for the equal benefit and protection of all Bondholders simllltrly situated- (a) by mandamus or other suit or proceeding at law or in equity, to ea~rce his right against the City and any of the officers, agents and employees o~ th~,City, and to compel the City or any such officers, agents or employees to pergonla and carry out their duties under the Law and th*ir agreements with Bondholl~t~ as provided in this Resolution; (b) by a suit in equity, to require the City to account as the trustee ~ an express trust; or (c) by suit in equity, to enjoin any acts or things which are unlawful'or violate the Bondholders' rights. SECTION 8.04. Non-waiver. Nothing in this Article VIII or in any.other provision of this Resolution, or in the Bonds or in the coupons, shall affeetlor'i~ pair the obligation of the City which is absolute and unconditional, to' pay~ tl~I pt't~ple of and interest on the Bonds to the respective holders of the Bonds and c~.ns at the respective dates of maturity, as herein provided, out of the Reve~iies '~rem pledged for such payment, or affect or impair the right of action, Wl~ich lute and unconditional, of such holders to institute suit to enforce sueli paym~l~t by virtue of the contract embodied in the Bonds and coupons. A waiver of any default or breach of duty or_contract by any Bondholdershall not affect any subsequent default or breach of duty or contract, o.r .f~l~atr any tights or remedies on the subsequent default or breach. No delay or omis~hi of any h~lder of any of the Bonds or coupons~ to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be' a wal~er of any such default or an acquiescence therein; and every power and remedy con- ferred upon the Bondholders by the Law or by this Article VIII may be enforced and exercised from time to time and as often as shall be deemed e~lient by the holders of Bonds. If a suit, action or proceeding to enforce any fight or exercise any remedy is abandoned or determined adversely to the Bondholders, the City and the Bond- holders shall be restored to their former positions, rights and remedie~ as if such suit, action or proceeding had not been brought or taken. SECTION 8.05. Actions by Fiscal Agent as Attorney-in-Fact. Any suit, action or proceeding which any holder of Bonds shall have the fight to bring to enforce any right or remedy hereunder may be brought by the Fiscal Agent for the equal benefit and protection of all holders of Bonds similarly situated and the Fiscal