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No default by the City in observing or performing its obligations under this Section shall <br />comprise a breach of or default under this Ordinance for purposes of any other provision of this <br />Ordinance. <br />Should the Rule be amended to obligate the City to make filings with or provide notices to <br />entities other than the MSRB, the City hereby agrees to undertake such obligation with respect to the <br />Certificates in accordance with the Rule as amended. <br />Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties <br />of the City under federal and state securities laws. <br />The provisions of this Section may be amended by the City from time to time to adapt to <br />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 />Section, 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 since such offering as well as such changed circumstances and (2) either <br />(a) the holders of a majority in aggregate principal amount (or any greater amount required by any <br />other provision of this Ordinance that authorizes such an amendment) ofthe outstanding Certificates <br />consents to such amendment or (b) a person that is unaffiliated with the City (such as nationally <br />recognized bond counsel) determines that such amendment will not materially impair the interest of <br />the holders and beneficial owners of the Certificates. If the City so amends the provisions of this <br />Section, it shall include with any amended financial information or operating data next provided in <br />accordance with paragraph (a) of this Section an explanation, in narrative form, of the reason for the <br />amendment and of the impact of any change in the type of financial information or operating data so <br />provided. The City may also amend or repeal the provisions of this continuing disclosure agreement <br />if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters <br />judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions <br />of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in <br />the primary offering of the Certificates. <br />ARTICLE XIII <br />AMENDMENTS; FURTHER PROCEDURES; AND SEVERABILITY <br />Section 13.01. Amendments. <br />This Ordinance shall not be amended or repealed by the City while any Certificate remains <br />outstanding, except as permitted by this Section. The City, without the consent of or notice to any <br />Owner, from time to time and at any time, may amend this Ordinance in any manner not <br />detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or <br />formal defect or omission herein. In addition, the City, with the written consent of Owners holding <br />a majority in aggregate principal amount of the Certificates then outstanding affected thereby, may <br />amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent <br />San Marcos CTRCO 2011: Ordinance 37 <br />