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ARTICLE XII <br /> CONTINUING DISCLOSURE UNDERTAKING <br /> 12.01 Annual Reports. <br /> The City shall provide annually to the MSRB, in an electronic format as prescribed by the <br /> MSRB, within the period stated on Exhibit "A", hereto, financial information and operating data <br /> with respect to the City of the general type included in the final Official Statement authorized by <br /> Section 7.02(b) of this Ordinance, being the information described in Exhibit "A" hereto. Any <br /> financial statements to be so provided shall be (1) prepared in accordance with the accounting <br /> principles described in Exhibit "A" hereto, or such other accounting principles as the City may <br /> be required to employ from time to time pursuant to state law or regulation, and (2) audited, if <br /> the City commissions an audit of such statements and the audit is completed within the period <br /> during which they must be provided. If the audit of such financial statements is not complete <br /> within such period, then the City shall provide unaudited financial statements within such period, <br /> and audited financial statements for the applicable fiscal year to the MSRB, when and if the audit <br /> report on such statements become available. <br /> If the City changes its fiscal year, it will notify the MSRB of the change (and of the date <br /> of the new fiscal year end) prior to the next date by which the City otherwise would be required <br /> to provide financial information and operating data pursuant to this Section. <br /> The financial information and operating data to be provided pursuant to this Section may <br /> be set forth in full in one or more documents or may be included by specific reference to any <br /> document that is available to the public on the MSRB's internet web site or filed with the SEC. <br /> All documents provided to the MSRB pursuant to this Section shall be accompanied by <br /> identifying information as prescribed by the MSRB. <br /> 12.02. Event Notices. <br /> The City shall notify the MSRB, in an electronic format as prescribed by the MSRB, in a timely <br /> manner not in excess of ten business days after the occurrence of the event, of any of the <br /> following events with respect to the Certificates: <br /> A. Principal and interest payment delinquencies; <br /> B. Non-payment related defaults, if material within the meaning of the federal <br /> securities laws; <br /> C. Unscheduled draws on debt service reserves reflecting financial difficulties; <br /> D. Unscheduled draws on credit enhancements reflecting financial difficulties; <br /> E. Substitution of credit or liquidity providers, or their failure to perform; <br /> SAN MARCOS CTRComcos 2D1! omNewa <br /> 39 <br />