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(1) Rating changes. <br /> The City shall notify the MSRB, in a timely manner, of any failure by the City to provide <br /> financial information or operating data in accordance with Section 8.1 of this Ordinance by the <br /> time required by such Section. <br /> Section 8.3: Identifying Information. All documents shall be provided to the MSRB <br /> in an electronic format and accompanied by identifying information, as prescribed by the <br /> MSRB. <br /> Section 8.4: Limitations, Disclaimers and Amendments. The City shall be <br /> obligated to observe and perform the covenants specified in this Article for so long as, but only <br /> for so long as, the City remains an "obligated person" with respect to the Certificates within the <br /> meaning of the Rule, except that the City in any event will give the notice required by Section <br /> 8.2 of any Certificate calls and defeasance that cause the City to be no longer such an "obligated <br /> person." <br /> TheP rovisions of this Article are for the sole benefit of the holders and beneficial owners <br /> of the Certificates, and nothing in this Article, express or implied, shall give any benefit or any <br /> legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to <br /> ro ide <br /> p v only the financial information, g financial operating data, statements, and notices which it <br /> P <br /> has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide <br /> any other information that may be relevant or material to a complete presentation of the City's <br /> financial results, condition, or prospects or hereby undertake to update any information provided <br /> in accordance with this Article or otherwise, except as expressly provided herein. The City does <br /> not make any representation or warranty concerning such information or its usefulness to a <br /> decision to invest in or sell Certificates at any future date. <br /> UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER <br /> OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN <br /> CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM <br /> ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS <br /> PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND <br /> REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT <br /> OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR <br /> SPECIFIC PERFORMANCE. <br /> No default by the City in observing or performing its obligations under this Article shall <br /> constitute a breach of or default under the Ordinance for purposes of any other provision of this <br /> Ordinance. <br /> Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the <br /> duties of the City under federal and state securities laws. <br /> The provisions of this Article may be amended by the City from time to time to adapt the <br /> changed circumstances that arise from a change in legal requirements, a change in law, or a <br /> change in the identity, nature, status, or type of operations of the City, but only if (1) the <br /> provisions of this Article, as so amended, would have permitted an underwriter to purchase or <br /> 18 <br /> HOU:3589513.1 <br />