Laserfiche WebLink
be restored to their former positions, rights and remedies as if such suit, action or proceeding had not <br /> been brought or taken. <br /> After the issuance and delivery of the Bonds this Indenture shall be irrepealable, but shall be <br /> subject to modifications to the extent and in the manner provided in this Indenture, but to no greater <br /> extent and in no other manner. <br /> Section 10.5. Future Contracts. Nothing herein contained shall be deemed to restrict or <br /> prohibit the County from making contracts or creating bonded or other indebtedness payable from a <br /> pledge of the Special Taxes which is subordinate to the pledge hereunder, or which is payable from <br /> the general fund of the County or from taxes or any source other than the Special Taxes and other <br /> amounts pledged hereunder. <br /> Section 10.6. Further Assurances. The County will adopt, make, execute and deliver any <br /> and all such further resolutions, instruments and assurances as may be reasonably necessary or proper <br /> to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring <br /> and confirming unto the Owners of the Bonds the rights and benefits provided in this Indenture. <br /> Section 10.7. Severability. If any covenant, agreement or provision, or any portion <br /> thereof, contained in this Indenture, or the application thereof to any Person or circumstance, is held <br /> to be unconstitutional, invalid or unenforceable, the remainder of this Indenture and the application <br /> of any such covenant, agreement or provision, or portion thereof, to other Persons or circumstances, <br /> shall be deemed severable and shall not be affected thereby, and this Indenture, the Bonds issued <br /> pursuant hereto shall remain valid and the Bondowners shall retain all valid rights and benefits <br /> accorded to them under the laws of the State. <br /> Section 10.8. Notices. Any notices required to be given to the County with respect to the <br /> Bonds or this Indenture shall be mailed, first class, postage prepaid, or personally delivered to the <br /> County at 4444 Rice Street, Suite 280, Lihue, Hawai`i 96766, Attention: Director of Finance, with a <br /> copy to the County Attorney at 4444 Rice Street, Suite 220, Lihue, Hawai`i 96766. All notices to the <br /> Trustee shall be mailed, first class, postage prepaid, or personally delivered to the Trustee at 700 S. <br /> Flower Street, Suite 500,Los Angeles, California 90017, Attention: Johanna Tokunaga. <br /> Section 10.9. General Authorization. The Mayor and the Director of Finance of the <br /> County and their respective designees are hereby each authorized to do and perform from time to <br /> time any and all acts and things consistent with this Indenture necessary or appropriate to carry the <br /> same into effect. <br /> Section 10.10. Execution in Counterparts. This Indenture may be executed in any number <br /> of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and <br /> all such counterparts shall together constitute but one and the same instrument. <br /> [SIGNATURES APPEAR ON FOLLOWING PAGE] <br /> 53 <br />