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<br />Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to <br />prevent the City from disseminating any other information, using the means of dissemination set <br />forth in this Disclosure Certificate or any other means of communication, or including any other <br />information in any Annual Report or notice of occurrence of a Listed Event, in addition to that <br />which is required by this Disclosure Certificate. If the City chooses to include any information in <br />any Annual Report or notice of occurrence of a Listed Event in addition to that which is <br />specifically required by this Disclosure Certificate, the City shall have no obligation under this <br />Disclosure Certificate to update such information or include it in any future Annual Report or <br />notice of occurrence of a Listed Event. <br /> <br />Section 10. Default. In the event of a failure of the City or the Dissemination Agent to <br />comply with any provision of this Disclosure Certificate the Trustee, at the written direction of <br />any Participating Underwriter or the holders of at least 25% aggregate principal amount of <br />Outstanding Bonds, shall, but only to the extent moneys or other indemnity, satisfactory to the <br />Trustee, has been furnished to the Trustee to hold it harmless from any loss, costs, liability or <br />expense, including fees and expenses of its attorneys and any additional fees of the Trustee or <br />any holder or beneficial owner of the Bonds may take such actions as may be necessary and <br />appropriate, including seeking mandate or specific performance by court order, to cause the City <br />to comply with its obligations under this Disclosure Certificate. A default under this Disclosure <br />Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy <br />under this Disclosure Certificate in the event of any failure of the City to comply with this <br />Disclosure Certificate shall be an action to compel performance. <br /> <br />Section 11. Duties~ Immunities and Liabilities of Dissemination Agent. The Dissemination <br />Agent and the Trustee shall have only such duties as are specifically set forth in this Disclosure <br />Certificate, and the City agrees to indemnify and save the Dissemination Agent and the Trustee, <br />their officers, directors, employees and agents, harmless against any loss, expense and <br />liabilities which they may incur arising out of or in the exercise or performance of its powers and <br />duties hereunder, including the costs and expenses (including attorneys fees) of defending <br />against any claim of liability, but excluding liabilities due to the Dissemination Agent's or the <br />Trustee's respective negligence or willful misconduct. The Dissemination Agent shall be paid <br />compensation by the City for its services provided hereunder in accordance with its schedule of <br />fees as amended from time to time and all expenses, legal fees and advances made or incurred <br />by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent <br />and the Trustee shall have no duty or obligation to review any information provided to it by the <br />City and shall not be deemed to be acting in any fiduciary capacity for the City, the Bond holders <br />or any other party. The obligations of the City under this Section shall survive resignation or <br />removal of the Dissemination Agent, but shall terminate upon the termination of the City's <br />obligations under this Certificate pursuant to Section 6 of this Certificate. <br /> <br />0-5 <br />