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10B Action 2014 0616
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10B Action 2014 0616
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Last modified
6/30/2014 10:00:25 AM
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6/11/2014 10:56:24 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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PowerPoint 10B Action 2014 0616 Tax Allocation Bonds
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
SA Reso 2014-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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-47- <br />If a suit, action or proceeding to enforce any right or exercise any remedy shall be <br />abandoned or determined adversely to the Owners or the Trustee, the Successor Agency, the <br />Trustee and the Owners shall be restored to their former positions, rights and remedies as if <br />such suit, action or proceeding had not been brought or taken. <br />Section 8.06. Actions by Trustee as Attorney-in-Fact. Any suit, action or proceeding <br />which any Owner shall have the right to bring to enforce any right or remedy hereunder may be <br />brought by the Trustee for the equal benefit and protection of all Owners similarly situated and <br />the Trustee is hereby appointed (and the successive respective Owners by taking and holding <br />the Bonds shall be conclusively deemed so to have appointed it) the true and lawful attorney-in- <br />fact of the respective Owners for the purpose of bringing any such suit, action or proceeding <br />and to do and perform any and all acts and things for and on behalf of the respective Ownersas <br />a class or classes, as may be necessary or advisable in the opinion of the Trustee as such <br />attorney-in-fact, provided, however, the Trustee shall have no duty or obligation to exercise any <br />such right or remedy unless it has been indemnified to its satisfaction from any loss, liability or <br />expense (including fees and expenses of its outside counsel and the allocated costs and <br />disbursements of its in-house counsel to the extent such services are not redundant with those <br />provided by outside counsel). <br />Section 8.07. Remedies Not Exclusive. No remedy herein conferred upon or reserved to <br />the Owners is intended to be exclusive of any other remedy. Every such remedy shall be <br />cumulative and shall be in additionto every other remedy given hereunder or now or hereafter <br />existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting <br />and without regard to any other remedy conferred by the Law or any other law.
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