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No delay or omission to exercise any right or power accruing upon any default shall <br />impair any such right or power or shall be construed to be a waiver of any such default or <br />acquiescence therein, and every such right and power may be exercised from time to time and as <br />often as may be deemed expedient. The specific remedies herein provided shall be cumulative of <br />all other existing remedies and the specification of such remedies shall not be deemed to be <br />exclusive. <br />SECTION 10: Notices to Authoritv or the Denartment. Wherever this Ordinance <br />provides for notice to the Authority or the Department of any event, such notice shall be <br />sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United <br />States mail, first-class postage prepaid, to the address of the Authority or the Department as it <br />appears in the SIB Loans documentation. <br />SECTION 11: Taxable Obli.at� ions. The City Obligations are not "state or local bonds" <br />within the meaning of section 103(a) and (c) of the Internal Revenue Code of 1986, as amended; <br />therefore, the interest on the City Obligations are not excludable from the gross income of the <br />holders thereof for federal income tax purposes. <br />SECTION 12: Le,al Opinion. The Department's obligation to execute and deliver the <br />SIB Loans is subject to its being furnished a fnal opinion of Fulbright & Jaworski L.L.P., as <br />Special Counsel to the Authority ("Special Counsel"), approving certain legal matters. <br />SECTION 13: Effect of Headin�s. The Section headings herein are for convenience only <br />and shall not affect the construction hereof. <br />SECTION 14: Ordinance a Contract — Amendments. The City acknowledges that the <br />covenants and obligations of the City herein contained are a material inducement to the <br />Authority and the Department relating to the execution and delivery of the SIB Loans. This <br />Ordinance shall constitute a contract with the Authority and the Department, shall be binding on <br />the City and its successors and assigns, and shall not be amended or repealed by the City so long <br />as the City Obligations remain outstanding, except as permitted in this Section. The City may <br />amend this Ordinance, with the prior written consent of the Authority and the Department. <br />SECTION 15: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is <br />intended or shall be construed to confer upon any person other than the City, Special Counsel, <br />the Authority, and the Department, any right, remedy, or claim, legal or equitable, under or by <br />reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being <br />intended to be and being for the sole and exclusive benefit of the City, Special Counsel, the <br />Authority, and the Department. <br />SECTION 16: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, <br />which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to <br />the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling <br />as to the matters ordained herein. <br />SECTION 17: Construction of Terms. If appropriate in the context of this Ordinance, <br />words of the singular number shall be considered to include the plural, words of the plural <br />95604560.7 -%- <br />