Laserfiche WebLink
with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event <br />will give notice of any deposit made in accordance with this Ordinance or applicable law that <br />causes Bonds no longer to be outstanding. <br />(ii) The provisions of this Section are for the sole benefit of the registered owners <br />and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall <br />give any benefit or any legal or equitable right, remedy, or claim hereunder to any other <br />person. The Issuer undertakes to provide only the financial information, operating data, <br />financial statements, and notices which it has expressly agreed to provide pursuant to this <br />Section and does not hereby undertake to provide any other information that may be relevant <br />or material to a complete presentation of the Issuer's financial results, condition, or prospects <br />or hereby undertake to update any information provided in accordance with this Section or <br />otherwise, except as expressly provided herein. The Issuer does not make any representation <br />or warranty concerning such information or its usefulness to a decision to invest in or sell <br />Bonds at any future date. <br />(iii) UNDERNO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER <br />PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR 1N <br />PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR <br />WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS <br />SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN <br />CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE <br />LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. <br />(iv) No default by the Issuer 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, <br />waive, or otherwise limit the duties of the Issuer under federal and state securities laws. <br />(v) Should the Rule be amended to obligate the Issuer to make filings with or <br />provide notices to entities other than the MSRB, the Issuer 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 Issuer 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 Issuer, but only if (1) the <br />provisions of this Section, as so amended, would have permitted an underwriter to purchase <br />or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into <br />account any amendments or interpretations of the Rule since such offering as well as such <br />changed circumstances and (2) either (a) the registered owners of a majority in aggregate <br />principal amount (or any greater amount required by any other provision of this Ordinance <br />that authorizes such an amendment) of the outstanding Bonds consent to such amendment <br />or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond <br />counsel) determined that such amendment will not materially impair the interest of the <br />registered owners and beneficial owners of the Bonds. The Issuer may also amend or repeal <br />the provisions of this continuing disclosure agreement if the SEC amends or repeals the <br />applicable provision of the Rule or a court of final jurisdiction enters judgment that such <br />22 <br />w rn~~~~~, <br />