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<br />ORIGINAL
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<br />claim hereunder to any other person. The City undertakes to provide only the financial infonnation, operating
<br />data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does
<br />not hereby undertake to provide any other infonnation that may be relevant or material to a complete presentation
<br />of the City's financial results, condition, or prospects or hereby undertake to update any infonnation provided in
<br />accordance with this Section or otherwise, except as expressly provided herein. The City does not make any
<br />representation or warranty concerning such infonnation or its usefulness to a decision to invest in or sell Bonds
<br />at any future date.
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<br />UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE OWNER OR BENEFICIAL
<br />OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES
<br />RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR
<br />WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY
<br />RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
<br />ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
<br />PERFORMANCE.
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<br />No default by the City in observing or perfonning its obligations under this Section shall comprise a
<br />breach of or default under this Ordinance for purposes of any other provisions of this Ordinance.
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<br />Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City
<br />under federal and state securities laws.
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<br />The provisions of this Section may be amended, supplemented, or repealed by the City from time to time
<br />under the following circumstances, but not otherwise: (I) to adapt to changed circumstances that arise from a
<br />change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations
<br />of the City, if the provisions of this Section, as so supplemented or amended, would have pennitted an
<br />underwriter to purchase or sell Bonds in the present offering in compliance with the Rule and either the Owners
<br />of a majority in aggregate principal amount of the outstanding Bonds consent to such amendment, supplement,
<br />or repeal, or any State agency or official detennines that such amendment, supplement, or repeal will not
<br />materially impair the interests of the beneficial owners of the Bonds, (2) upon repeal of the applicable provisions
<br />of the Rule, or any judgment by a court of final jurisdiction that such provisions are invalid, or (3) in any other
<br />circumstance or manner pennitted by the Rule.
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<br />Section 17. FURTHER PROCEDURES. The Mayor, the City Secretary, the City Manager, the Finance
<br />Director, the City's Financial Advisor, and all other officers, employees, attorneys, and agents of the City, and
<br />each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and
<br />at any time to do and perf ann all such acts and things and to execute, acknowledge, and deliver in the name and
<br />under the seal and on behalf of the City, all such instruments, whether or not herein mentioned, as may be
<br />necessary or desirable in order to carry out the tenns and provisions of this Ordinance, the Bonds, and the Official
<br />Statement. Prior to the initial delivery of the Bonds, the Mayor and Bond Counsel to the City are hereby
<br />authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the
<br />instruments authorized by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly
<br />or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating
<br />from any of the national bond rating agencies, or (Hi) obtain the approval of the Bonds by the Texas Attorney
<br />General's office.
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<br />Section 18. ORDINANCE A CONTRACT: AMENDMENTS. This Ordinance shall constitute a contract
<br />with the Owners, from time to time, of the Bonds, binding on the City and its successors and assigns, and shall
<br />not be amended or repealed by the City as long as any Bond remains outstanding except as pennitted in this
<br />Section. The City may, without the consent of or notice to any owners, amend, change, or modify this Ordinance
<br />as may be required (i) by the provisions hereof, (ii) in connection with the issuance of any additional bonds, (Hi)
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