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(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 ofthis <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 ofthis Article may be 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 ofthis <br />Article, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary <br />offering of the Bonds in compliance with the Rule, taking into account any amendments or <br />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 Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such <br />as nationally recognized bond counsel) determines that such amendment will not materially impair the <br />interests of the Owners and beneficial owners of the Bonds. The City may also repeal or amend the <br />provisions ofthis Article if the SEC amends or repeals the applicable provisions of the Rule or any <br />court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but in either <br />case only if and to the extent that the provisions ofthis sentence would not prevent an underwriter <br />from lawfully purchasing or selling Bonds in the primary offering of the Bonds. If the City so amends <br />the provisions ofthis Article, it shall include with any amended financial information or operating data <br />next provided in accordance with Section 12.02 an explanation, in narrative form, of the reasons for <br />the amendment and of the impact of any change in the type of financial information or operating data <br />so provided. <br />ARTICLE XIII <br />MUNICIPAL BOND INSURANCE <br />Section 13.01. Municipal Bond Insurance. <br />(a) Insurers . The Bonds are being insured by Financial Security Assurance Inc. The <br />Director of Finance of the City is authorized to execute the commitment letter and any other <br />documents necessary in connection with such bond insurance. The address for the insurer is Financial <br />Security Assurance, 31 West 52nd Street, New York, New York 10019. <br />(b) Rights of Bond Insurer(s). As long as a Bond Insurer is not in default on the related bond <br />insurance policy for the Bonds, the Bond Insurer shall be deemed to be the sole Owner of such Bonds <br />insured by it for purposes of enforcing the remedies ofthis Ordinance. <br />San Mazcos GO 2008 Ordinance 35 <br />