Agenda - Council - 08/13/2013 - Laserfiche WebLink

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insured value of the Project Buildings entered or filed against the Company or against any of its property remains unvacated, unpaid, unbondcd, uninsured or unstaycd for a period of 30 days. The provisions of subsection (b) of this Section are subject to the following limitation: if by reason of force majeure the Company is unable in whole or in part to carry out any of its agreements contained herein (other than its obligations contained in Article IV hereof and particularly the obligation of Section 4.2(a) which is governed by subsection (a) of this Section), no Event of DcfauIt shall be deemed to have occun-ed during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or of the State or of any of their departments, agencies or officials, or of any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; and any other cause or event not reasonably within the control of the Company and generally accepted as part of a definition of "force majeure." Section 8.2 Remedies on Default. Whenever any Event of Default referred to in Section 8.] hereof shall have happened and be continuing, the Trustee or the Issuer may take one or any combination of the following remedial steps: (a) By written notice to the Company, declare an amount equal to (i) all amounts then payable on the Bonds, whether by acceleration of maturity (as provided in the Indenture) or otherwise, and (ii) any other amounts then due and payable hereunder or under the Indenture, to be immediately due and payable as liquidated damages under this Agreement and not as a penalty, whereupon the same shall become immediately due and payable; (b) Have reasonable access to and inspect, examine, and make copies of the relevant books and records and any and all relevant accounts, data and income tax and other tax returns of the Company during regular business hours of the Company if reasonably necessary in the opinion of the Issuer or the Trustee; or (c) Take whatever action at law or in equity may appear necessary or desirable, including, without limitation, foreclosure, to collect the amounts then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of the Company under this Agreement, and also including, without limitation, any remedy set forth in the Indenture, subject to the limitations set forth herein and therein. Any amounts collected pursuant to action taken under this Section (except subsection 8.2(a)(ii)) shall be paid into the Bond Fund and applied in accordance with the provisions of the Indenture. Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the Trustee or the Issuer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other 34 5G008G1v1