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(d) 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 the Bonds no longer to be outstanding. <br />(ii) The provisions of this Section are for the sole benefit of the registered owners and <br />beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit <br />or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes <br />to 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 accordance <br />with this Section or otherwise, except as expressly provided herein. The Issuer does not make any <br />representation or warranty concerning such information or its usefulness to a decision to invest in or <br />sell Bonds at any future date. <br />(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE <br />REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, <br />IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM <br />ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS <br />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 FOR MANDAMUS OR SPECIFIC <br />PERFORMANCE. <br />(iv) No default by the Issuer in observing or performing its obligations under this Section shall <br />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 Bonds in the primary <br />offering of the Bonds in compliance with the Rule, taking into account any amendments or <br />interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) <br />the registered owners of a majority in aggregate principal amount (or any greater amount required by <br />any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds <br />consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally <br />recognized bond counsel) determined that such amendment will not materially impair the interest of <br />the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of <br />this Section, it shall include with any amended financial information or operating data next provided <br />in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for <br />the amendment and of the impact of any change in the type of financial information or operating data <br />so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure <br />22 <br />