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<br />e <br /> <br />e <br /> <br />owner of any of lhe Bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction <br />compelling and requiring lhe Council and olher officers of lhe Issuer to observe and perform any covenant, <br />obligation, or condition prescribed in this Ordinance. No delay or omission by any owner to exercise any right <br />or power accruing to such owner upon default shall impair any such right or power. or shall be construed to be a <br />waiver of any such default or acquiescence lherein. and every such right or power may be exercised from time to <br />time and as often as may be deemed expedient. The specific remedies mentioned in this Ordinance shall be <br />available to any owner of any of the Bonds and shall be cumulative of all other existing remedies. <br /> <br />SECTION 9. DEFEASANCE OF BONDS. (a) Any Bond and lhe interest lhereon shall be deemed to be <br />paid, retired, and no longer oUlStanding (a "Defeased Bond") within the meaning of this Ordinance, except to the <br />extent provided in subsection (d) of lhis Section 10, when payment of the principal of such Bond, plus interest <br />thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either <br />(i) shall have been made or caused to be made in accordance wilh lhe terms lhereof (including the giving of any <br />required notice of redemption) or (ii) shall have been provided for on or before such due date by irrevocably <br />depositing with or making available to the Paying Agenl/Registrar for such payment (A) lawful money of the <br />United States of America sufficient to make such payment or (B) Government Obligations (hereinafter defined) <br />which mature as to principal and interest in such amounlS and at such times as will insure the availability, <br />without reinvestment, of sufficient money to provide for such payment. and when proper arrangemenlS have been <br />made by the Issuer with the Paying Agenl/Registrar for lhe payment of ilS services until all Defeased Bonds shall <br />have become due and payable. At such time as a Bond shall be deemed to be a Def~ed Bond hereunder, as <br />aforesaid, such Bond and the interest thereon shall no.longer be secured by, payable from. or entitled to the <br />benefilS of. the ad valorem !aXes herein levied and pledged as provided in this Ordinance, and such principal and <br />interest shall be payable solely from such money or Government Obligations. <br /> <br />(b) Any money so deposited with the Paying Agenl/Registrar may at the written direction of lhe Issuer also <br />be invested in Government Obligations, maturing in the amounlS and times as hereinbefore set fOM, and all <br />income from such Government Obligations received by the Paying Agenl/Registrar which is not required for the <br />payment of the Bonds and interest lhereon, with respect to which such money has been so deposited, shall be <br />turned over to the Issuer, or deposited as directed in writing by the Issuer. <br /> <br />(c) The term "Government Obligations" as used in lhis Section. shall mean direct obligations of the United <br />States of America, including obligations the principal of and interest on which are unconditionally guaranteed by <br />the United States of America, which may be United States Treasury obligations such as its State and Local <br />Government Series. which may be in book-entry form. <br /> <br />Cd) Until all Defeased Bonds shall have become due and payable, the Paying Agent/RegistraI' shall perform <br />the services of Paying Agenl/Registrar for such Defeased Bonds the same as if they had not been defeased, and <br />the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. <br /> <br />(e) (Insurance to Come]. <br /> <br />SECTION 10. DAMAGED. MUTll..A TED, LOST. STOLEN. OR DESlROYED BONDS. (a) <br />Replacement Bonds. In the event any oUlStanding Bond is damaged, mutilated. lost, stolen, or destroyed. the <br />Paying Agenl/Registr3r shall cause to be printed. executed, and delivered. a new bond of the same principal <br />amount, maturity, and interest rate, as the damaged. mutilated, lost, stolen, or destroyed Bond. in replacement for <br />such Bond in the manner hereinafter provided. <br /> <br />(b) Application for Replacement- Bonds. Application for replacement of damaged, mutilated. lost, stolen, <br />or destroyed Bonds shall be made by the registered owner thereof to the Paying Agenl/Registrar. In every case <br />of loss. theft, or destruction of a Bond. the registered owner applying for a replacement bond shall furnish to the <br />Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of <br />them harmless from any loss or damage with respect lhereto. Also, in every case of loss, theft, or destruction of <br />a Bond. the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their <br />satisfaction of the loss, theft, or destruction of such Bond, as lhe case may be. In every case of damage or <br />