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RES 94044
City of Pleasanton
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RES 94044
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4/13/2012 4:23:28 PM
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3/2/1999 7:12:43 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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A waiver of any default or breach of duty or contract by the Authority shall not <br /> affect any subsequent default or breach of duty or contract or impair any rights or remedies on <br /> any such subsequent default or breach of duty or contract. No delay or omission by the <br /> Authority to exercise any right or remedy accruing upon any default or breach of duty or <br /> contract shall impair any such right or remedy or shall be construed to be a waiver of any such <br /> default or breach of duty or contract or an acquiescence therein, and every right or remedy <br /> conferred upon the Authority by applicable law or by this Article VII may be enforced and <br /> exercised from time to time and as often as shall be deemed expedient by the Authority. <br /> <br /> If any action, proceeding or suit to enforce any right or exercise any remedy is <br /> abandoned or determined adversely to the Authority, the City, and the Authority shall be <br /> restored to their former positions, rights and remedies as if such action, proceeding or suit had <br /> not been brought or taken. <br /> <br /> Section 7.05. Remedies Not Exclusive. <br /> <br /> No remedy herein conferred upon or reserved to the Authority is intended to be <br /> exclusive of any other remedy, and each such remedy shall be cumulative and shall be in <br /> addition to every other remedy given hereunder or now or hereafter existing in law or in <br /> equity or by statute or otherwise and may be exercised without exhausting and without regard <br /> to an3, other remedy conferred by any other law. <br /> <br /> ARTICLE VIII <br /> <br /> MISCELLANEOUS <br /> <br /> Section 8.01. Liability of City Limited. <br /> <br /> Notwithstanding anything contained herein, the City shall not be required to <br />adi, anee any moneys derived from any source of income other than moneys legally available <br />therefor in the Water Revenue Fund, including but not limited to the Revenues, and the other · <br />funds provided herein and in the Trust Agreement for the payment of the Installment <br />Payments and the interest thereon or for the performance of any agreemen. ts or covenants <br />contained herein required to be performed by it. The City may, however, but shall not be <br />required to, advance moneys for any such purpose so long as such moneys are derived from a <br />source legally available for such purpose and may be legally used by the City for such <br />purpose. <br /> <br /> The obligation of the City to make the Installment Payments, the interest <br />thereon and the other amounts due hereunder is a special obligation of the City payable solely <br />from the moneys legally available therefor hereunder and under the Trust Agreement, <br />including but not limited to Revenues and such other funds, and does not constitute a debt of <br />the City or of the State of California or of any political subdivision thereof within the meaning <br />of any constitutional or statutory debt limitation or restriction. <br /> <br /> 24 <br />9406701W. LA 1 <br /> <br /> <br />
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