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Section 9. Continuing Disclosure. <br />9.01. The City hereby covenants and agrees that it will comply with and carry out all of <br />the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of <br />this Resolution, failure of the City to comply with the Continuing Disclosure Certificate will not <br />be considered an event of default with respect to the Bonds; however, any Bondholder may take <br />such actions as may be necessary and appropriate, including seeking mandate or specific <br />performance by court order, to cause the City to comply with its obligations under this section. <br />9.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure <br />Certificate executed by the Mayor and City Administrator and dated the date of issuance and <br />delivery of the Bonds, as originally executed and as it may be amended from time to time in <br />accordance with the terms thereof. <br />Section 10. Defeasance. <br />10.01. When all Bonds and all interest thereon, have been discharged as provided in this <br />section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds <br />will cease, except that the pledge of the full faith and credit of the City for the prompt and full <br />payment of the principal of and interest on the Bonds will remain in full force and effect. The City <br />may discharge all Bonds which are due on any date by depositing with the Registrar on or before <br />that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, <br />it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment <br />thereof in full with interest accrued to the date of such deposit. <br />299374v2 SJB LN140 -97 <br />(The remainder of this page is intentionally left blank.) <br />16 <br />s <br />i <br />