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<br />• <br />provisions of paragraph (b)(5) of the Rule; (ii) the Disclosure Covenants as so amended or <br />supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the <br />time of the primary offering of the Bonds, giving effect to any change in circumstances applicable <br />under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the <br />amendment or supplement was in effect at the time of the primary offering; and (iii) such <br />amendment or supplement does not materially impair the interests of the Bondowners under the <br />Rule. If the Disclosure Information is so amended, the Issuer agrees to provide, <br />contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the <br />amendment and the effect, if any, of the change in the type of financial information or operating <br />data being provided hereunder. <br />The Disclosure Covenants are to be construed so as to satisfy the requirements of paragraph <br />(b)(5) of the Rule. <br />Default; Remedies <br />If the Issuer fails to comply with any of the Disclosure Covenants, any person aggrieved <br />thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in <br />equity may appear necessary or appropriate to enforce performance and observance of any such <br />covenant. Direct, indirect, consequential and punitive damages shall not be recoverable, however, <br />for any default thereunder to the extent permitted by law. In no event shall a default under the <br />Disclosure Covenants constitute a default under the Bonds or under any other provision of the Bond <br />• Resolution. <br />1452997 <br />A-5 <br />