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have(i)made written request to the Trustee and shall have offered it reasonable opportunity <br /> either to proceed to exercise the powers granted under the Indenture or to institute such <br /> action, suit or proceeding in its own name; and (ii) offered to the Trustee indemnity as <br /> provided under the Indenture. Notwithstanding the foregoing,no one or more Holders of the <br /> Bonds shall have any right in any manner whatsoever to affect,disturb,or prejudice the lien <br /> of the Indenture,the Mortgage or the Subordinate Mortgage by their action or to enforce any <br /> right thereunder except in the manner provided therein and in the Indenture, and that all <br /> proceedings at law or in equity shall be instituted, had and maintained in the manner <br /> provided in the Indenture and for the equal benefit of the Holders of all Bonds outstanding <br /> under the Indenture. <br /> Nothing in the Indenture contained shall,however, affect or impair the right of any <br /> Bondholder,which is absolute and unconditional,to enforce and bring suit for the payment <br /> of the principal of and interest on any Bond at and after the maturity thereof to the respective <br /> Holders thereof at the time and place in said Bonds expressed,in accordance with the terms <br /> of the Bonds. <br /> Waiver by Bondholders <br /> The Trustee,upon the written request of a Majority of Holders,shall waive any Event <br /> of Default under the Indenture and its consequences, except an Event of Default in the <br /> payment of the principal of the Bonds at the date of maturity specified therein; provided., <br /> however, that an Event of Default caused by the nonpayment of interest on any Series of <br /> Bonds shall not be waived unless, prior to such waiver, all arrears of such interest, and all <br /> expenses of the Trustee shall have been paid or shall have been provided for by deposit with <br /> the Trustee of a sum sufficient to pay the same. In case of any such waiver, the City, the <br /> Trustee and the Holders of the Bonds shall be restored to their former positions and rights <br /> under the Indenture respectively. No such waiver shall extend to any subsequent or other <br /> Default or any Event of Default or impair any right consequent thereon. <br /> Concerning the Trustee <br /> The Trustee,prior to the occurrence of an Event of Default and after the curing of all <br /> such Events of Default as may have occurred, undertakes to perform such duties and only <br /> such duties as are specifically set forth in the Indenture. The Trustee shall during the <br /> existence of any such Event of Default(which has not been cured)exercise such of the rights <br /> and powers vested in it by the Indenture, and use the same degree of care and skill in its <br /> exercise,as a prudent person would exercise or use under the circumstances in the conduct <br /> of his or her own affairs. None of the provisions contained in the Indenture shall require the <br /> Trustee to expend or risk its own funds or otherwise incur individual financial liability in the <br /> performance of any of its duties or in the exercise of any of its rights or powers if it shall <br /> have reasonable grounds for believing that repayment of such funds or adequate indemnity <br /> against such risk or liability is not reasonably assured to it. <br /> The Trustee and its officers and directors may acquire and own, or become the <br />