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<br />MISCELLANEOUS PROVISIONS <br /> <br />SECTION 4.1 MODIFICATION OR AMENDMENT. No modification or <br />amendment of this Ordinance or of any ordinance amendatory thereof or supplemental thereto, may be <br />made without the consent in writing of the Bondholder. <br /> <br />SECTION 4.2 ADDmONAL AUTHORIZATION. The Mayor, the City <br />Manager, the Finance Director and any other proper official of the City, be and each of them is hereby <br />authorized and directed to execute and deliver any and all documents and instruments and to do and <br />cause to be done any and all acts and things necessary or proper for carrying out the transactions <br />contemplated by this Ordinance. <br /> <br />SECTION 4.3 SEVERABILITY OF INVALID PROVISIONS. If anyone or <br />more of the covenants, agreements or provisions of this Ordinance should be held contrary to any <br />express provision of law or contrary to the policy of express law, though not expressly prohibited, or <br />against public policy, or shall for any reason whatsoever be held invalid, then such covenants, <br />agreements or provisions shall be null and yoid and shall be deemed separate from the remaining <br />covenants, agreements or provisions, and shall in no way affect the validity of any of the other <br />provisions of this Ordinance or of the 1999B Bond issued hereunder. <br /> <br />SECTION 4.4 WAIVER OF JURY TRIAL. The City, in consideration of the <br />purchase of the 1999B Bond by the Bank, and the Bank, by its acceptance of the 1999B Bond, each <br />mutually and willingly waive the right to a trial by a jury in connection with any and all claims by any <br />party hereto against the other arising from or in connection with the transactions contemplated by the <br />1999B Bond or this Ordinance. <br /> <br />SECTION 4.5 REPEALER All ordinances and orders, or parts thereof: in conflict <br />herewith are, to the extent of such conflict, hereby repealed, and this Ordinance shall take effect upon <br />its passage in the manner provided by law. <br /> <br />18 <br />