RES 02047 - Laserfiche WebLink

extend to or shall affect any subsequent default or shall impair or exhaust any right or power consequent thereon, Section 6.02. Other Remedies of the Trustee. The Trustee may (subject to the receipt of indemnity as provided herein): (a) by mandamus or other action or proceeding or suit at law or in equity enforce its rights against the City. or any board member. officer or employee thereof. and cornpeI the City or any such board member, officer or employee to perform and carry out its or his or her duties under applicable law and the agreements and covenants contained herein required to be performed by it or him: (b) by suit in equity enjoin any acts or things which are unlawful or violate the rights of the Trustee or the Bondowners hereunder; (c) intervene in judicial proceedings that affect the Bonds or the security therefor or hereunder; or (d) by suit in equity upon the happening of an Event of Default require the City and its officers and employees to account as the trustee of an express trust. Section 6,03, Non-Waiver. A waiver of any default or breach of duty or contract by the Trustee, or the Owners shall not affect any subsequent default or breach of duty or contract or impair any rights or remedies on any such subsequent default or breach of duty or contract. No delay or omission by the Trustee. or the Owners to exercise any right or remedy accruing upon any default or breach of duty or contract shall impair any such right or shall be construed to be a waiver of any such default or breach of duty or contract or an acquiescence therein. and every right or remedy conferred upon the Trustee. or the Owners by law or by this Article rnay be enforced and exercised from time to time and as often as shall be deemed expedient by the Trustee, If any action. proceeding or suit to enforce any right or to exercise any remedy is abandoned or determined adversely to the Trustee or the Owners. the Trustee. the Owners and the City shall be restored to their former positions. rights and remedies as if such action. proceeding or suit had not been brought or taken. Section 6.04. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee is intended to be exclusive of any other remedy. and each such rernedy shall be curnulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise and may be exercised without exhausting and without regard to any other remedy conferred by any other law. Section 6,05. No Liabilitv bv the Trustee to the Owners. Except for the duty of the Trustee to make payments of principal. redemption premiums and interest with respect to the Bonds from moneys received from the City. the Trustee will not have any obligation or liability to the Owners with respect to the payment when due of the Debt Service Payments by the City, -34- Pleasanton Cross Town Indenture (2).DOC