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<br />herein. The Issuer does not make any representation or warranty concerning such information or its <br />usefulness to a decision to invest in or sell Certificates of Obligation at any future date. <br /> <br />(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />HOLDER OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY <br />OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR <br />IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT <br />FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY <br />RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON <br />ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR <br />MANDAMUS OR SPECIFIC PERFORMANCE. <br /> <br />(iv) No default by the Issuer in observing or performing its obligations under this Section <br />shall comprise a breach of or default under the Ordinance for purposes of any other provision of this <br />Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the <br />duties of the Issuer under federal and state securities laws. <br /> <br />(v) The provisions of this Section may be amended by the Issuer from time to time to adapt <br />to changed circumstances that arise from a change in legal requirements, a change in law, or a <br />change in the identity, nature, status, or type of operations of the Issuer, but only if(1) the provisions <br />of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates <br />of Obligation in the primary offering of the Certificates of Obligation in compliance with the Rule, <br />taking into account any amendments or interpretations of the Rule since such offering as well as such <br />changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or <br />any greater amount required by any other provision of this Ordinance that authorizes such an <br />amendment) of the outstanding Certificates of Obligation consent to such amendment or (b) a person <br />that is unaffiliated with the Issuer (such as bond counsel) determined that such amendment will not <br />materially impair the interest of the holders and beneficial owners of the Certificates of Obligation. <br />If the Issuer so amends the provisions of this Section, it shall include with any amended financial <br />information or operating data next provided in accordance with subsection (a) of this Section an <br />explanation, in narrative form, of the reason for the amendment and of the impact of any change in <br />the type of financial information or operating data so provided. The Issuer may also amend or repeal <br />the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable <br />provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule <br />are invalid, but only if and to the extent that the provisions of this sentence would not prevent an <br />underwriter from lawfully purchasing or selling Certificates of Obligation in the primary offering <br />of the Certificates of Obligation. <br /> <br />(d) Definitions. As used in this Section, the following terms have the meanings ascribed to <br />such terms below: <br /> <br />"MSRB" means the Municipal Securities Rulemaking Board. <br /> <br />30 <br />