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<br /> 127 <br /> CONTINUING DISCLOSURE AGREEMENT <br /> This Continuing Disclosure Agreement (the "Agreement"), dated as of September 15, 1998 <br /> is executed and delivered by the Guadalupe-Blanco River Authority (" GBRA") and the City of San <br /> Marcos, Texas (the IDisclosureParty") in connection with the issuance of the proposed "Guadalupe- <br /> Blanco River Authority Regional Raw Water Delivery System Contract Revenue Bonds, Series 1998 <br /> (City of San Marcos, Texas Portion)" (the "Bonds") being issued by GBRA with respect to which <br /> the Disclosure Party is an "obligated person," as such term is applied within the meaning of the Rule. <br /> For good and valuable consideration, GBRA and the Disclosure Party covenant and agree as follows: <br /> SECTION 1. Definitions. <br /> As used in this Agreement, the following terms have the meanings ascribed to such terms <br /> below: <br /> "MSRB" means the Municipal Securities Rulemaking Board and any successor to its duties. <br /> "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally <br /> recognized municipal securities information repository within the meaning of the Rule from time to <br /> time. <br /> "Rule" means SEC Rule 15c2-12, as amended from time to time. <br /> "$EC" means the United States Securities and Exchange Commission and any successor to <br /> its duties. <br /> "SID" means any entity designated by the State of Texas or an authorized department, officer, <br /> or agency thereof as, and determined by the SEC or its staff to be, a state information depository <br /> within the meaning of the Rule from time to time. <br /> SECTION 2. Annual Reports; Obligations of Disclosure Party. <br /> The Disclosure Party undertakes to and shall provide annually to each NRMSIR and any SID, <br /> within six months after the end of each of its fiscal years following the issuance oftheBonds, financial <br /> information and operating data with respect to the Disclosure Party as specified and included in <br /> Tables 1 through 9 and in Appendix D of the final official statement relating to the Bonds. Any <br /> financial statements so to be provided shall be (1) prepared in accordance with the accounting <br /> principles described in the notes to the financial statements as specified and included in Appendix D <br /> of such final official statement relating to the Bonds, or such other accounting principles as the <br /> Disclosure Party may be required to employ from time to time pursuant to state law or regulation, <br /> and (2) audited, if the Disclosure Party commissions an audit of such statements and the audit is <br /> completed within the period during which it must be provided. If the audit of such financial <br /> statements is not complete within such period, then the Disclosure Party shall provide unaudited <br /> financial statements for the applicable fiscal year to each NRMSIR and any SID within the period <br /> during which it must be provided and the audited financial statements, when and if the audit report <br /> on such statements become available. <br />