Laserfiche WebLink
(b) The provisions of this Article are for the sole benefit of (and may be enforced by) <br />the owners and beneficial owners of the Bonds of such Sponsoring Public Entity, and nothing in <br />this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or <br />claim hereunder to any other person. The Sponsoring Public Entities undertake to provide only <br />the financial information, operating data, financial statements, and notices which they have <br />expressly agreed to provide pursuant to this Article and they do not hereby undertake to provide <br />any other information that may be relevant or material to a complete presentation of their <br />respective financial results, condition, or prospects, nor do they hereby undertake to update any <br />information provided in accordance with this Article or otherwise, except as expressly provided <br />herein. The Sponsoring Public Entities make no representation or warranty concerning such <br />information or its usefulness to a decision to invest in or sell Bonds at any future date. <br />(c) UNDER NO CIRCUMSTANCES SHALL ANY SPONSORING PUBLIC <br />ENTITY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR <br />ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN <br />WHOLE OR IN PART FROM ANY BREACH BY THE SPONSORING PUBLIC ENTITY, <br />WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT <br />SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH <br />PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH <br />SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. <br />(d) No default by a Sponsoring Public Entity in observing or performing its <br />obligations under this Article shall comprise a breach of or default under this Contract for <br />purposes of any other provision of this Contract. <br />(e) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise <br />limit the duties of the Agency or the Sponsoring Public Entities under federal and state securities <br />laws. <br />(f) The provisions of this Article may be amended by the Agency and the appropriate <br />Sponsoring Public Entities from time to time to adapt to changed circumstances that arise from a <br />change in legal requirements, a change in law, or a change in the identity, nature, status, or type <br />of operations of the Agency or the appropriate Sponsoring Public Entities, but only if (1) the <br />provisions of this Article, as so amended, would have permitted an underwriter to purchase or <br />sell Bonds of the applicable series in the primary offering of the Bonds of such series in <br />compliance with the Rule, taking into account any amendments or interpretations of the Rule <br />since such offering as well as such changed circumstances, and (2) either (a) the owners of a <br />majority in aggregate principal amount (or any greater amount required by any other provision of <br />this Contract that authorizes such an amendment) of the outstanding Bonds of each such series <br />affected consent to such amendment or (b) an entity that is unaffiliated with the Agency or the <br />appropriate Sponsoring Public Entities (such as nationally recognized bond counsel) determines <br />that such amendment will not materially impair the interest of the owners and beneficial owners <br />of the Bonds of such series and is permitted by the terms of the Article. If the Agency and the <br />appropriate Sponsoring Public Entities so amend the provisions of this Article in connection with <br />the financial or operating data which the Sponsoring Public Entities are required to disclose <br />under Section 6.1 hereof, the appropriate Sponsoring Public Entities shall provide a notice of <br />such amendment to be filed in accordance with Section 6.2(b) hereof, together with an <br />explanation, in narrative form, of the reason for the amendment and the impact of any change in <br />the type of financial information or operating data to be so pmvmkd. Mw Agency and the <br />-Z8 -