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55B - RESO - WARNER ASSESSMENT DISTRICT
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06/21/2016
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55B - RESO - WARNER ASSESSMENT DISTRICT
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Last modified
6/20/2016 10:23:06 AM
Creation date
6/16/2016 5:22:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55B
Date
6/21/2016
Destruction Year
2021
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Section 8.04 Disqualified Bonds. Bonds owned or held for the account of the City, <br />excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of <br />any vote, consent or other action or any calculation of Outstanding Bonds provided for in this <br />Article VIII, and shall not be entitled to vote upon, consent to, or participate in any action <br />provided for in this Article VIII. <br />Section 8.05 Effect of Supplemental Agreement. From and after the time any <br />Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall <br />be deemed to be modified and amended in accordance therewith, and the respective rights, duties <br />and obligations under this Agreement of the City and all Owners of Bonds Outstanding shall <br />thereafter be determined, exercised and enforced hereunder subject in all respects to such <br />modifications and amendments, and all the terns and conditions of any such Supplemental <br />Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and <br />all purposes. <br />Section 8,06 Endorsement or Replacement of Bonds Issued After Amendments, The <br />City may determine that Bonds issued and delivered after the effective date of any action taken <br />as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form <br />approved by the City, as to such action. In that case, upon demand of the Owner of any Bond <br />Outstanding at such effective date and upon presentation of his or her Bond for that purpose at <br />the Principal Office of the Fiscal Agent or at such other office as the City may select and <br />designate for that purpose, a suitable notation shall be made on such Bond. The City may <br />determine that new Bonds, so modified as in the opinion of the City is necessary to conform to <br />such action, shall be prepared, executed and delivered. In that case, upon demand of the Owner <br />of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of <br />the Fiscal Agent without cost to any Owner, for like Bonds then Outstanding, upon surrender of <br />such Bonds. <br />Section 8.07 Amendatory Endorsement of Bonds. The provisions of this Article VIII <br />shall not prevent any Owner from accepting any amendment as to the particular Bonds held by <br />him or her, provided that due notation thereof is made on such Bonds. <br />ARTICLE IX <br />MISCELLANEOUS <br />Section 9.01 Benefits of Agreement Limited to Parties. Nothing in this Agreement, <br />expressed or implied, is intended to give to any person other than the City, the Fiscal Agent and <br />the Owners, any right, remedy or claim under or by reason of this Agreement. Any covenants, <br />stipulations, promises or agreements in this Agreement contained by and on behalf of the City <br />shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. <br />Section 9.02 Successor is Deemed Included in All References to Predecessor. <br />Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent <br />is named or referred to, such reference shall be deemed to include the successors or assigns <br />thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the <br />City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and <br />assigns thereof whether so expressed or not, <br />-34- <br />55B -54 <br />
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