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Section 9. Continuing Disclosure. <br />9.01. Lhiiited Continuing Disclosure.. In order to qualify-the$onds for limited continuing <br />disclosure under paragraph (d)(2) of Securities and Exchange Commission Rules, Section 15c212 <br />(the -`SEC Rule"), .the City makes the following factual statement and representation- As.of the date <br />of.delivery of the Bonds, the City will not be an.lobligated person (as.defined`in paragraph (f of the <br />SEC Rule) with respect to more than 310,000,0.00 in aggregate amount of outstanding rnuiiic pal <br />securities, including the. Bonds and excluding muzucipal securities that were : exempt from the SEC <br />Rulepursuant-to paragraph `(d)(1) thereof. <br />g;02. City Compliance with Provisions of Continuing Disclosure Certificate. The City <br />hereby covenants and agrees that it Will comply, with and carry out all of the provisions of the <br />Qont'uing Disclosure Certificate. Notwithstanding any other provision of this Resolution,. failure <br />of the City to comply with the Continuing Disclosure Certificate is not to be considered an .event of <br />default with respect to the Bonds; however, any Bondholder may such actions; as may be necessary <br />and appropriate, in�juding °seeking mandate or specific .performance by court order, to calm .the <br />City to comply with its:. obligations under this section. <br />0.03. Execution of Continuing :Disclosure Certificate. "Continuing Disclosure <br />Certificate means that. certain Continuing Disclosure Certificate: executed by the'Mayor City <br />Clerk. and dated the date of issuance and delivery of the.Bonds,-0 originally executed and as it.may <br />be amended from time Io time in*accordance with the terms thereof <br />Section i0 Defeasance. <br />10.01. Pledges, Covenants, and Other Rights to Cease. When all Bonds.and all interest <br />thereon, have been discharged as provided in. this section, all pledges, covenants. -and other, rights <br />granted. by .this resolution. to: the holders of the Bonds will cease,. except that the pledge of:tbe full <br />faith -and credit of the City for the <br />prompt and full paynient�.of the principal of and interest on the <br />Bonds wilt.main.in full force and effect. The City -may discharge all Bands which are due on any <br />date by-depositung with. the Registraron or before -that date a suth sufficient for the payment thereof <br />in full, .If any Bond should. not be paid when due, it may nevertheless be discharged by depositing <br />with the Registrar a sum sufficient for the payment thereofin full with interest accmed:to the date -of <br />such deposit. <br />(The. remainder of this page is intentionally left blank.) <br />310971vLMM GPi 904 16 <br />