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<br /> <br /> <br /> <br /> <br /> <br /> (c) Limitations. Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe <br /> and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer <br /> remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that <br /> the Issuer in any 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 /> <br /> (ii) The provisions of this Section are for the sole benefit of the holders and beneficial <br /> owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any <br /> legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to <br /> provide only the financial information, operating data, financial statements, and notices which it has <br /> expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any <br /> other information that may be relevant or material to a complete presentation of the Issuer's financial <br /> results, 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 Issuer does not <br /> 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 /> <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 /> <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 /> <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 /> <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 /> <br /> 38 <br />