Laserfiche WebLink
default or an acquiescence therein, and every power and remedy conferred upon the <br />Owners by the Bond Law or by this Article VIII may be enforced and exercised from time <br />to time and as often as shall be deemed expedient by the Bond Owners. <br />If a suit, action or proceeding to enforce any right or exercise any remedy is <br />abandoned or determined adversely to the Bond Owners, the City, the Bond Owners will <br />be restored to their former positions, rights and remedies as if such suit, action or <br />proceeding had not been brought or taken. <br />SECTION 8.08. Actions by Trustee as Attorney -in -Fact. Any suit, action or <br />proceeding which any Owner has the right to bring to enforce any right or remedy <br />hereunder may be brought by the Trustee for the equal benefit and protection of all <br />Owners similarly situated and the Trustee is hereby appointed (and the successive <br />respective Owners by taking and holding the Bonds shall be conclusively deemed so to <br />have appointed it) the true and lawful attorney -in -fact of the respective Owners for the <br />purpose of bringing any such suit, action or proceeding and to do and perform any and <br />all acts and things for and on behalf of the respective Owners as a class or classes, as <br />may be necessary or advisable in the opinion of the Trustee as such attorney -in -fact, <br />subject to the provisions of Article VI. Notwithstanding the foregoing provisions of this <br />Section 8.08, the Trustee has no duty to enforce any such right or remedy unless it has <br />been indemnified to its satisfaction for any additional fees, charges and expenses of the <br />Trustee related thereto, including without limitation, fees and charges of its attorneys <br />and advisors. <br />SECTION 8.09. Remedies Not Exclusive. No remedy herein conferred upon or <br />reserved to the Owners is intended to be exclusive of any other remedy. Every such <br />remedy shall be cumulative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing, at law or in equity or by statute or otherwise, and <br />may be exercised without exhausting and without regard to any other remedy conferred <br />by the Bond Law or any other law. <br />ARTICLE IX <br />MISCELLANEOUS <br />SECTION 9.01. Benefits Limited to Parties. Nothing in this Indenture, expressed <br />or implied, gives any person other than the City, the Trustee and the Owners, any right, <br />remedy, claim under or by reason of this Indenture. Any covenants, stipulations, <br />promises or agreements in this Indenture contained by and on behalf of the City are for <br />the sole and exclusive benefit of the Trustee and the Owners. <br />SECTION 9.02. Successor is Deemed Included in All References to <br />Predecessor. Whenever in this Indenture or any Supplemental Indenture either the City <br />or the Trustee is named or referred to, such reference shall be deemed to include the <br />successors or assigns thereof, and all the covenants and agreements in this Indenture <br />contained by or on behalf of the City or the Trustee binds and inures to the benefit of the <br />respective successors and assigns thereof whether so expressed or not. <br />24 <br />