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11-13 - Paris Firefighters Relief & Retirement Fund - Pension Bond - Freeze Fire Pension - Transfer Employees to TMRS
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11-13 - Paris Firefighters Relief & Retirement Fund - Pension Bond - Freeze Fire Pension - Transfer Employees to TMRS
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AGENDA
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Section 14. EVENTS OF DEFAULT. Each of the following occurrences or events for <br />the purpose of this Ordinance is hereby declared to be an event of default (an "Event of <br />Default"): <br />(i) the failure to make payment of the principal of or interest on. any of the <br />Bonds when the same becomes due and payable; or <br />(ii) default in the performance or observance of any other covenant, agreement <br />or obligation of the City, the failure to perform which materially, adversely affects the <br />rights of the Registered Owners, including, but not limited to, their prospect or ability to <br />be repaid in. accordance with this Ordinance, and the continuation thereof for a period of <br />60 days after notice of such default is given by any Registered Owner to the City, <br />Section 15. REMEDIES FOR DEFAULT. <br />(a) Upon the happening of any Event of Default, then and in every case, any Owner <br />or an. authorized representative thereof, including, but not limited to, a trustee or trustees <br />therefor, may proceed against the City for the purpose of protecting and enforcing the rights of <br />the Owners under this Ordinance, by mandamus or other suit, action or special proceeding in <br />equity or at law, in any court of competent jurisdiction., for any relief permitted by law, including <br />the specific performance of any covenant or agreement contained herein, or thereby to enjoin any <br />act or thing that may be unlawful. or in violation of any right of the Owners hereunder or any <br />combination of such remedies. <br />(b) It is provided that all such proceedings shall be instituted and maintained for the <br />equal. benefit of all Owners of Bonds then outstanding. <br />Section. 16. REMEDIES NOT EXCLUSIVE. <br />(a) No remedy herein conferred or reserved is intended to be exclusive of any other <br />available remedy or remedies, but each and every such remedy shall be cumulative and shall be <br />in addition. to every other remedy given hereunder or under the Bonds or now or hereafter <br />existing at law or in equity; provided, however, that notwithstanding any other provision of this <br />Ordinance, the right to accelerate -the debt evidenced by the Bonds shall not be available as a <br />remedy under this Ordinance. <br />(b) The exercise of any remedy herein conferred or reserved shall not be deemed a <br />waiver of any other available remedy. <br />(c) By accepting the delivery of a Bond authorized under this Ordinance, such Owner <br />agrees that the certifications required to effectuate any covenants or representations contained in <br />this Ordinance do not and shall. never constitute or give rise to a personal. or pecuniary liability or <br />charge against the officers, employees or officials of the City or the Council. <br />Section. 17. NO TAX EXEMPTION. The City does not intend to issue the Bonds in a <br />manner such that the Bonds would constitute obligations described in section 103(a) of the Code <br />and all applicable temporary, proposed and final regulations and procedures promulgated <br />
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