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make any representation or warranty concerning such information or its usefulness to a decision to <br />invest in or sell Bonds at any future date. <br />(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN <br />CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY <br />BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, <br />OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY <br />OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH <br />BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC <br />PERFORMANCE. <br />(iv) No default by the Issuer in observing or performing its obligations under this Section <br />shall comprise a breach of or default under the Ordinance for purposes of any other provision of this <br />Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the <br />duties of the Issuer under federal and state securities laws. <br />(v) The provisions of this Section may be amended by the Issuer from time to time to adapt <br />to changed circumstances that arise from a change in legal requirements, a change in law, or a <br />change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions <br />of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in <br />the primary offering of the Bonds in compliance with the Rule, taking into account any amendments <br />or interpretations of the Rule since such offering as well as such changed circumstances and (2) <br />either (a) the holders of a majority in aggregate principal amount (or any greater amount required <br />by any other 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 Issuer (such as bond <br />counsel) determined that such amendment will not materially impair the interest of the holders and <br />beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall <br />include with any amended financial information or operating data next provided in accordance with <br />subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and <br />of the impact of any change in the type of financial information or operating data so provided. The <br />Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC <br />amends or repeals the applicable provision ofthe Rule or a court offinal jurisdiction enters judgment <br />that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this <br />sentence would not prevent an undervvriter from lawfully purchasing or selling Bonds in the primary <br />offering of the Bonds. <br />(d) Definitions. As used in this Section, the following terms have the meanings ascribed to <br />such terms below: <br />"MSRB" means the Municipal Securities Rulemaking Board. <br />37 <br />