Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
agreed to provide pursuant to this Section and does not hereby undertake to provide any <br />other information that may be relevant or material to a complete presentation of the <br />City's financial results, condition, or prospects or hereby undertake to update any <br />information provided in accordance with this Section or otherwise, except as expressly <br />provided herein. The City does not make any representation or warranty concerning <br />such information or its usefulness to a decision to invest in or sell Bonds at any future <br />date. <br />(iii) UNDER NO CIRCUMSTANCES SHALLTHE CITY BE MARLE'ro <br />THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY <br />OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN <br />WHOLE OR IN PART' FROM ANY BREACH BY THE CITY, WHETHER <br />NEGLIGENT OR WITHOUT FAULT ON ITS PART', OF ANY COVENANT <br />SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY <br />SUCH PERSON, IN CONTRACT OR TORT, FOR OR. ON ACCOUNT OF ANY <br />SUCH BREACH SHALL BELIMIT'ED TO AN ACTIONFOR MANDAMUS OR <br />SPECIFIC]PERFORMANCE. <br />(iv) No default by the City in observing or performing its obligations under <br />this Section shall comprise a breach of or default under this Ordinance for purposes of <br />any other provision of this Ordinance. Nothing in this Section is intended or shall act to <br />disclaim, waive, or otherwise limit the duties of the City under federal and state <br />securities laws. <br />(y) Should the Rule be amended to obligate the City to make filings with or <br />provide notices to entities other than the MSRB, the City hereby agrees to undertake <br />such obligation with respect to the Bonds in accordance with the Rule as amended. The <br />provisions or this Section may be amended by the City from time to time to adapt to <br />changed circumstances that arise from a change in legal requirements, a change in law, <br />or a change in the identity, nature, status, or type of operations of the City, but only if (1) <br />the provisions of this Section, as so amended, would have permitted an underwriter to <br />purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, <br />taking into account any amendments or interpretations of the Rule since such offering as <br />well as such changed circumstances and (2) either (a) the Registered Owners of a <br />majority in aggregate principal amount (or any greater amount required by any other <br />provision of this Ordinance that authorizes such an amendment) of the outstanding <br />Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such <br />as nationally recognized bond counsel) determined that such amendment will not <br />materially impair the interest of the Registered Owners and beneficial owners of the <br />Bonds. The City may also amend or repeal tile provisions of this continuing disclosure <br />agreement if the SEC amends or repeals the applicable provision of the Rule or a court <br />of final jurisdiction enters judgment that such provisions of the Rule are invalid, but <br />only if and to the extent that the provisions of this sentence would not prevent an <br />underwriter from lawfully purchasing or selling Bonds in the primary offering of the <br />Bonds. If the City so amends the provisions or this Section, it shall include with any <br />amended financial information or operating data next provided in accordance with <br />subsection (b) of this Section an explanation, in narrative form, of tile reason for the <br />