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1979 Resolutions
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1979 Resolutions
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other than the revenue pledged to the payment thereof, and do <br />not give rise to a pecuniary liability of the City nor, to the <br />extent permitted by law, of any of its officers, agents or <br />employees, and no holder of this Note shall ever have the <br />right to compel any exercise of the taxing power of the City <br />to pay this Note or the interest thereon, or to enforce <br />payment theron, or to enforce payment thereof against any <br />property of the City, and this Note does not constitute a <br />charge, lien or encumbrance, legal or equitable, upon any <br />property of the City and the agreement of the City to perform <br />or cause the performance of the convenants and other provis- <br />ions herein referred to shall be subject at all times to the <br />availability of revenues or other funds furnished for such <br />purpose in accordance with the Loan Agreement, sufficient to <br />pay all costs of such performance or the enforcement thereof. <br />16. It is agreed that time is of the essence of this <br />Note. In the event of failure by the City to pay any monthly <br />installment of principal or interest or any premium or penalty <br />due hereunder, or if an Event of Default shall occur, as <br />defined in the Loan Agreement, then the holder of this Note <br />shall have the right and option to declare, without notice, <br />all of the remaining indebtedness of unpaid principal and <br />accured interest, evidenced by this Note, immediately due and <br />payable. Failure to exercise such option at any time shall <br />not constitute a waiver of the right to exercise the same at <br />any subsequent time. <br />17. The remedies of the holder, as provided herein <br />and the Assignment, the Mortgage, Loan Agreement, Disbursing <br />Agreement, the Company Security Agreement, the Sylvan Security <br />Agreement, the Guaranty Agreement, the Assignment of Life <br />Insurance and the Assignment of Rents shall be cumulative and <br />concurrent and may be pursued singly, successively or <br />together, at the sole discretion of the holder, and may be <br />exercised as often as occasion therefor shall occur; and the <br />failure to exercise any such remedy shall in no event be <br />construed as a waiver or release thereof. <br />18. The holder shall not be deemed, by any act of <br />omission or comission, to have waived any of its rights or <br />remedies hereunder unless such waiver is in writing and signed <br />by the holder and, then only to the extent specifically set <br />forth in the writing. A waiver with reference to one event <br />shall not be construed as continuing or as a bar to or waiver <br />of any right or remedy as to a subsequent event. <br />19. The Note has been issued without registration <br />under state or other securities laws, pursuant to an exemption <br />11 <br />
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