Remedies of bondholders.

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(1) Subject to any contractual limitations binding upon the holders of any issue of bonds or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds or trustee therefor has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:

  1. By an action in the nature of mandamus or other suit, action, or proceeding at law orin equity to enforce his rights against the municipality and to require and compel the governing body to perform its duties and obligations under this part 8 and its covenants and agreements with the bondholders;

  2. By action or suit in equity to require the governing body to account as if they werethe trustees of an express trust;

  3. By action or suit in equity to enjoin any acts or things which may be unlawful or inviolation of the rights of the bondholders; (d) To bring suit upon the bonds.

(2) No right or remedy conferred by this part 8 upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part 8 or by any other law.

Source: L. 76: Entire part added, p. 708, § 1, effective April 26. L. 77: (1)(a) and (1)(b) amended, p. 1478, § 11, effective June 19.


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