02 GO Refunding Bond Ordinance - Laserfiche WebLink

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information, operating data, financial statements, and notices xvhich it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance xvith this Section or otherxvise, except as expressly provided herein. The Issuer does not make any representation or xvarranty conceming such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING iN WHOLE OR iN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, xvaive, or otherxvise limit the duties of the Issuer under federal and state securities lmvs. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in lmv, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, xvould have permitted an underxvriter to purchase or sell Bonds in the primary offering of the Bonds in compliance xvith the Rule, taking into account any amendments or interpretations of the Rule since such offering as xvell as such changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated xvith the Issuer (such as bond counsel) determined that such amendment xvill not materially impair the interest of the holders and beneficial oxvners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include xvith any amended financial information or operating data next provided in accordance xvith subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence xvould not prevent an underxvriter from lmvfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the folloxving terms have the meanings ascribed to such terms beloxv: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person xvhom the SEC or its staff has determined to be a nationally recognized municipal securities information repository xvithin the meaning of the Rule from time to time. 24