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<br />ARTICLE VI <br /> <br />REMEDIES <br /> <br />Section 601. Remedies. The provisions of this Ordinance, including the covenants and <br />agreements herein contained, shall constitute a contract between the City and the Registered Owners of <br />the Bonds, and the Registered Owner or Owners of not less than 10% in principal amount of the Bonds at <br />the time Outstanding shall have the right for the equal benefit and protection of all Registered Owners of <br />Bonds similarly situated: <br /> <br />(a) by mandamus or other suit, action or proceedings at law or in equity to enforce <br />the rights of such Registered Owner or Owners against the City and its officers, agents and <br />employees, and to require and compel duties and obligations required by the provisions of this <br />Ordinance or by the constitution and laws of the State of Missouri; <br /> <br />(b) by suit, action or other proceedings in equity or at law to require the City, its <br />officers, agents and employees to account as if they were the trustees of an express trust; and <br /> <br />(c) by suit, action or other proceedings in equity or at law to enjoin any acts or things <br />which may be unlawful or in violation of the rights of the Registered Owners of the Bonds. <br /> <br />Section 602. Limitation on Rights of Registered Owners. The covenants and agreements of <br />the City contained herein and in the Bonds shall be for the equal benefit, protection and security of the <br />legal owners of any or all of the Bonds. All of the Bonds shall be of equal rank and without preference or <br />priority of one Bond over any other Bond in the application of the funds herein pledged to the payment of <br />the principal of and the interest on the Bonds, or otherwise, except as to rate of interest, or date of <br />Maturity or right of prior redemption as provided in this Ordinance. No one or more Registered Owners <br />secured hereby shall have any right in any manner whatever by his or their action to affect, disturb or <br />prejudice the security granted and provided for herein, or to enforce any right hereunder, except in the <br />manner herein provided, and all proceedings at law or in equity shall be instituted, had and maintained for <br />the equal benefit of all Registered Owners of such Outstanding Bonds. <br /> <br />Section 603. Remedies Cumulative. No remedy conferred herein upon the Registered <br />Owners is intended to be exclusive of any other remedy, but each such remedy shall be cumulative and in <br />addition to every other remedy and may be exercised without exhausting and without regard to any other <br />remedy conferred herein. No waiver of any default or breach of duty or contract by the Registered Owner <br />of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair <br />any rights or remedies consequent thereon. No delay or omission of any Registered Owner to exercise <br />any right or power accruing upon any default shall impair any such right or power or shall be construed to <br />be a waiver of any such default or acquiescence therein. Every substantive right and every remedy <br />conferred upon the Registered Owners of the Bonds by this Ordinance may be enforced and exercised <br />from time to time and as often as may be deemed expedient. If any suit, action or proceedings taken by <br />any Registered Owner on account of any default or to enforce any right or exercise any remedy has been <br />discontinued or abandoned for any reason, or has been determined adversely to such Registered Owner, <br />then, and in every such case, the City and the Registered Owners of the Bonds shall be restored to their <br />former positions and rights hereunder, respectively, and all rights, remedies, powers and duties of the <br />Registered Owners shall continue as if no such suit, action or other proceedings had been brought or <br />taken. <br /> <br />-17- <br />