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benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The <br />Issuer undertakes to provide only the financial information, operating data, financial statements, <br />and notices which it has expressly agreed to provide pursuant to this Section and does not hereby <br />undertake to provide any other information that may be relevant or material to a complete <br />presentation of the Issuer's financial results, condition, or prospects or hereby undertake to <br />update any information provided in accordance with this Section or otherwise, except as <br />expressly provided herein. The Issuer does not make any representation or warranty concerning <br />such information or its usefulness to a decision to invest in or sell Bonds at any future date. <br />(C) UNDER NO 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 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 />(D) No default by the Issuer in observing or performing its obligations under this Section <br />shall comprise a breach of or default under the Order for purposes of any other provision of this <br />Order. 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 />(E) The provisions of this Section may be amended by the Issuer from time to time to <br />adapt to changed circumstances that arise from a change in legal requirements, a change in law, <br />or 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 or <br />sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account <br />any amendments or interpretations of the Rule since such offering as well as such changed <br />circumstances and (2) either (a) the registered owners of a majority in aggregate principal <br />amount (or any greater amount required by any other provision of this Order that authorizes such <br />an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is <br />unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such <br />amendment will not materially impair the interest of the registered owners and beneficial owners <br />of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any <br />amended financial information or operating data next provided in accordance with subsection (a) <br />of this Section an explanation, in narrative form, of the reason for the amendment and of the <br />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 <br />SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters <br />judgment that such provisions of the Rule are invalid, but only if and to the extent that the <br />provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling <br />Bonds in the primary offering of the Bonds. <br />26 <br />• <br />• t <br />