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(ii) The provisions of this Section are for the sole benefit of the registered owners and <br />beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any <br />benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer <br />undertakes to provide only the financial information, operating data, financial statements, and notices <br />which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to <br />provide any other information that may be relevant or material to a complete presentation of the <br />Issuer's financial results, condition, or prospects or hereby undertake to update any information <br />provided in accordance with this Section or otherwise, except as expressly provided herein. The <br />Issuer does not make any representation or warranty concerning such information or its usefulness <br />to a decision to invest in or sell Certificates at any future date. <br />(iii) UNDER NO CIRCLTMSTANCES SHALL THE ISSLJER 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 IN PART <br />FROM ANY BREACH BY THE IS SUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON <br />ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND <br />REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF <br />ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FORMANDAMUS 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 change <br />in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this <br />Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the <br />primary offering of the Certificates 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) either <br />(a) the registered owners 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 />Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as <br />nationally recognized bond counsel) determined that such amendment will not materially impair the <br />interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends <br />the provisions of this Section, it shall include with any amended financial information or operating <br />data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, <br />of the reason for the amendment and of the impact of any change in the type of financial information <br />or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing <br />disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of <br />final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the <br />e�ent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing <br />or selling Certificates in the primary offering of the Certificates. <br />21 <br />