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(d) Limitations,. Disclaimers. and Amendments,. <br />(i) The City shall be obligated to observe and perform the covenants specified in <br />this Section for so long as, but only for so long as, the City remains an "obligated person" <br />with respect to the Bonds within the meaning of the Rule, except that the City in any <br />event will give notice of any deposit made in accordance with this Ordinance or <br />applicable law that causes Bonds no longer to be outstanding. <br />(ii) The provisions of this Section are for the sole benefit of the Registered <br />Owners and beneficial owners of the Bonds, and nothing in this Section, express or <br />implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder <br />to any other person. The City undertakes to provide only the financial information, <br />operating data, financial statements, and notices which it has expressly agreed to provide <br />pursuant to this Section and does not hereby undertake to provide any other information <br />that may be relevant or material to a complete presentation of the City's financial results, <br />condition, or prospects or hereby undertake to update any information provided in <br />accordance with this Section or otherwise, except as expressly provided herein. The City <br />does not make any representation or warranty concerning such information or its <br />usefulness to a decision to invest in or sell Bonds at any future date. <br />(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO <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 BE LIMITED TO AN ACTION FOR MANDAMUS OR <br />SPECIFIC PERFORMANCE. <br />(iv) No default by the City in observing or performing its obligations under this <br />Section shall comprise a breach of or default under this Ordinance for purposes of any <br />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 securities <br />laws. <br />(v) 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 such <br />obligation with respect to the Bonds in accordance with the Rule as amended. The <br />provisions of 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, or <br />a change in the identity, nature, status, or type of operations of the City, but only if (1) the <br />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 />29 <br />