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(b) The provisions of this Article are for the sole benefit of the Owners and beneficial <br />owners of the Certificates, and nothing in this Article, express or implied, shall give any benefit or any <br />legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to <br />provide only the financial information, operating data, financial statements, and notices which it has <br />expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any <br />other information that may be relevant or material to a complete presentation of the City's financial <br />results, condition, or prospects or hereby undertake to update any information provided in accordance <br />with this Article or otherwise, except as expressly provided herein. The City does not make any <br />representation or warranty concerning such information or its usefulness to a decision to invest in or <br />sell Certificates at any future date. <br />Any filing required by this Article maybe made solely with a central post office approved for <br />such purposes by the SEC, such as the Texas Municipal Advisory Council (the "MAC") as provided <br />at htt ://www.disclosureusa.or for submission to the NRMSIRs and SID (without also separately <br />submitting such filings to the NRMSIRs and SID by some other means) so long as such filing is <br />acceptable to the SEC. <br />UNDERNO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR <br />BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT <br />OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY <br />THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY <br />COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY <br />SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH <br />BREACH, NOTWITHSTANDING ANY PROVISION OF THIS ORDINANCE TO THE <br />CONTRARY, SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC <br />PERFORMANCE. <br />(c) No default by the City in observing or performing its obligations under this Article <br />shall comprise a breach of or default under the Ordinance for purposes of any other provision of this <br />Ordinance. <br />(d) Nothing in this Article is intended or shall act to disclaim, waiver, or otherwise limit <br />the duties of the City under federal state securities laws. <br />(e) The provisions of this Article maybe amended by the City 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 City, but only if (1) the provisions of this <br />Article, as so amended, would have permitted an underwriter to purchase or sell Certificates in the <br />primary offering of the Certificates in compliance with the Rule, taking into account any amendments <br />or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, <br />and (2) either (a) the Owners of a majority in aggregate principal amount (or any greater amount <br />required by any other provision of this Ordinance that authorizes such an amendment) of the <br />Outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the City <br />(such as nationally recognized bond counsel) determines that such amendment will not materially <br />San Marcos CTRCO 2008. Ordinance 3 6 <br />