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85-150
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Resolutions 1985
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85-150
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8/9/2005 4:04:35 PM
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8/9/2005 3:22:30 PM
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<br />. <br />" <br /> <br />, . <br /> <br />. <br />" <br /> <br />The City, for itself, its successors, and assigns, here- <br />by waives demand, presentment, protest, and notice of dis- <br />honor. <br /> <br />The remedies of the Lender, as provided herein and in <br />the Agreement, the Pledge Agreement, the Investment Agree- <br />ment, and the Secur i ty Documents, are not exclusive and <br />shall be cumulative and concurrent and may be pursued <br />singly, successively, or together, at the sole discretion of <br />the Lender, and may be exercised as often as occasion there- <br />for shall occur, and the failure to exercise any such right <br />or remedy shall in no event be construed as a waiver or <br />release thereof. The Lender shall not be deemed, by any act <br />of omission or commission, to have waived any of its rights <br />or remedies hereunder unless such waiver is in writing and <br />signed by the Lender and then only to the extent specifi- <br />cally set forth in the writing. A waiver with reference to <br />one event shall not be construed as continuing or as a bar <br />to or waiver of any right or remedy as to a subsequent <br />event. <br /> <br />This Note may be transferred or exchanged, as provided <br />in the Note Resolution, only upon the Note Register kept by <br />the City Clerk-Treasurer, as Note Registrar, for such pur- <br />pose, by the Lender in person or by its attorney duly autho- <br />r ized in wr i ting, upon surrender hereof together with a <br />written instrument of transfer or exchange in the form <br />specified in the Note Resolution duly executed by the Lender <br />or such duly authorized attorney, and thereupon, at the <br />request and expense of the Lender, the city shall issue and <br />deliver in the name of the designated transferee or trans- <br />ferees a new Note or Notes of the same aggregate principal <br />amount, designation, maturity, and interest rate as the <br />surrendered Note and in any authorized denomination, all as <br />provided in the Note Resolution. The City and the Note <br />Registrar may treat and consider the Lender as the holder <br />and absolute owner hereof for the purpose of receiving pay- <br />ment of or on account of the principal or redemption price <br />hereof and interest due hereon and for all other purposes <br />whatsoever. <br /> <br />The City and its authorized officials or agents shall <br />not be personally liable on this Note or for any act or <br />omission related to the authorization or issuance hereof. <br /> <br />The Note is a special and limited obligation of the <br />City, is payable solely from the revenues pledged therefor <br />pursuant to the Agreement and the Pledge Agreement, does not <br />constitute a debt of the Ci ty wi thin the meaning of any <br />constitutional or statutory limitation whatsoever, does not <br />constitute or give rise to a pecuniary liability of the City <br />or a charge against the general credit or taxing powers of <br />the City, and does not constitute a charge, lien, or encum- <br />brance, legal or equi table, upon any property of the Ci ty <br /> <br />:.. - / <br />
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