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(vui) Bond calls, (ix) Defeasances, (x) Release, subshtuhon, or sale of property securing repayment of the Bonds, and (xi) Rating changes (b) The Crty shall notify any SID and either each NRMSIR or the MSRB, m a timely manner, of any failure of the Crty to provide financial information or operating data m accordance with Section 12 02 of this Ordinance by the time required by such section. Section 12 04 Limitations, Disclaimers, and Amendments (a) The Crty shall be obhgated to observe and perform the covenants specified m this Article for so long as, but only for so long as, the Crty remains an "obhgated person" with respect to the Bonds within the meaning of the Rule, except that the City m any event will give notice required by Section 12 03 of any Bond calls and defeasance that cause the Crty to cease to be and "obligated person." (b) The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing m this Article, express or implied, shall give any benefit or any legal or equitable nght, remedy, or claim hereunder to any other person. The Crty undertakes to provide only the financial information, operating data, financial statements, and notices which rt has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided m accordance with this Article or otherwise, except as expressly provided herein. The Crty does not make any representation or warranty concerning such information or its usefulness to a decision to invest m or sell Bonds at any future date UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH, NOTWITHSTANDING ANY PROVISION OF THIS ORDER TO THE CONTRARY, SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE (c) No default by the Crty in observing or performing its obligations under this Article shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance (d) Nothing m this Article is intended or shall act to disclaim, waiver, or otherwise limit the duties of the Crty under federal state securities laws (e) The provisions of this Article may be amended by the City from time to time to adapt to changed circumstances that arise from a change m legal requirements, a change m law, or a change m the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Bonds m the primary offering of the Bonds SanMarcosG02007 Ordinance 30