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(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO <br />THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY <br />OTHER PERSON, IN CONTRACT OR TORT, FORDAMAGES RESULTING IN WHOLE OR <br />IN PART FROM ANY BREACH BY THE CITY, 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 />(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 other <br />provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or <br />otherwise limit the duties of the City under federal and state securities 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 Certificates in accordance with the Rule as amended. The provisions <br />of this Section may be amended by the City from time to time to adapt to changed circumstances <br />that arise from a change in legal requirements, a change in law, or a change in the identity, nature, <br />status, or type of operations of the City, but only if (1) the provisions of this Section, as so <br />amended, would have permitted an underwriter to purchase or sell Certificates in the primary <br />offering of the Certificates in compliance with the Rule, taking into account any amendments or <br />interpretations of the Rule since such offering as well as such changed circumstances and (2) either <br />(a) the registered owners of a majority in aggregate principal amount (or any greater amount <br />required by any other provision of this Ordinance that authorizes such an amendment) of the <br />outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the <br />City (such as nationally recognized 1 counsel) determined that such amendment will not materially <br />impair the interest of the registered owners and beneficial owners of the Certificates. If the City <br />so amends the provisions of this Section, it shall include with any amended financial information <br />or operating data next provided in accordance with subsection (b) of this Section an explanation, <br />in narrative form, of the reason for the amendment and of the impact of any change in the type of <br />financial information or operating data so provided. The City may also amend or repeal the <br />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 <br />Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent <br />an underwriter from lawfully purchasing or selling Certificates in the primary offering of the <br />Certificates. <br />17 <br />