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its principals, affiliates, or employees may purchase, sell or exchange such <br /> security for the account of any other client or for itself or its own accounts. <br /> 28.7 Force Maieure. Consultant shall have no liability for any losses arising out <br /> of the delays in perForming or inability to perform the services which it renders <br /> under this Agreement which result from events beyond its control, including <br /> interruption of the business activities of Consultant or other financial institutions <br /> due to acts of God, acts of governmental authority, acts of war, terrorism, civil <br /> insurrection, riots, labor difficulties, or any action or inaction of any carrier or <br /> utility, or mechanical or other malfunction. <br /> 28.8 Disciplinary Actions. Consultant shall promptly give notice to City if <br /> Consultant shall have been found to have violated any state or federal securities <br /> law or regulation in any final and unappealable judgment in any criminal action or <br /> civil suit in any state or federal court or in any disciplinary proceeding before the <br /> Securities and Exchange Commission ("SEC") or any other agency or <br /> department of the United States, any registered securities exchange, FINRA, or <br /> any regulatory authority of any State based upon the performance of services as <br /> an investment advisor. <br /> 28.9 Books. Consultant shall maintain records of all transactions in the <br /> Managed Funds. Consultant shall provide City with a monthly statement showing <br /> deposits, withdrawals, purchases and sales (or maturities) of investments, <br /> earnings received, and the value of assets held on the last business day of the <br /> month. The statement shall be in the format and manner that is mutually agreed <br /> upon by Consultant and City. <br /> 28.10 Brochure and Brochure Supplement. Consultant warrants that it has <br /> delivered to City prior to the execution of this Agreement Consultant's current <br /> SEC Form ADV, Part 2A (brochure) and Part 2B (brochure supplement). City <br /> acknowledges receipt of such brochure and brochure supplement prior to the <br /> execution of this Agreement. <br /> (Signature Page Follows] <br /> ATTY/AGR/2016.150/PFM-INVESTMENT ADVISORY SVC <br /> REV:06-22-16 JS <br /> Page 10 of 16 <br />