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<br />(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER <br />OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, <br />FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, <br />WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED <br />IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT <br />OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN <br />ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. <br /> <br />(iv) No default by the Issuer in observing or perfornUng its obligations under this Section shall <br />comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. <br />Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limil the duties of the Issuer <br />under federal and state securities laws. <br /> <br />(v) The provisions of this Section may be amended by the Issuer from time to time 10 adapt 10 <br />changed circumstances that atise from a change in legal requirements, a change in law, or a change in the <br />identity, nature, status, or type of operations of the Issuer, but only if (I) the provisions of this Section, as so <br />amended, would have pernUtted an underwtiter to purchase or sell Bonds in the primary offering of the Bonds <br />in compliance with the Rule, taking into account any amendments or inlerpretations of the Rule since such <br />offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate <br />principalamounl (or any grealer amount required by any other provision of this Ordinance that authorizes such <br />an amendmenl) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffilialed with <br />the Issuer (such as bond counsel deternUned that such amendment will not materially impair the inlerest of <br />the holders and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Seclion, il shall <br />include with any amended financial information or operating data next provided in accordance with subsection <br />(a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of <br />any change in the type of financial information or operating data so provided. The Issuer may also amend <br />or repeal 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 are invalid, <br />but only if and to the extenl that the provisions of this sentence would not prevent an underwtiler from <br />lawfully purchasing or selling Bonds in the primary offering of the Bonds. <br /> <br />(d) Definitions. As used in this Section, the following terms have Ihe meanings ascribed to such <br />terms below: <br /> <br />"MSRB" means the Municipal Securities Rulemaking Board. <br /> <br />"NRMSIR" means each person whom the SEC or its slaff has determined to be a nalionally <br />recognized municipal securities information repository within the meaning of the Rule from time to <br />time. <br /> <br />"Rule" means SEC Rule 15c2-12, as amended from time to time. <br /> <br />"SEe" means the United States Securities and Exchange Commission. <br /> <br />"SID" means any person designated by the Slate of Texas or an authorized department, officer, or <br />agency thereof as, and deternUned by the SEC or its staff to be, a state information deposilory within <br />the meaning of the Rule from time to time. <br /> <br />24 <br />