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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 is not to <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 />The motion for the adoption of the foregoing resolution was duly seconded by Member <br />Carlson, and upon vote being taken thereon, the following voted in favor thereof: <br />Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson <br />and the following voted against the same: None <br />whereupon said resolution was declared duly passed and adopted. <br />SJB-240610v1 <br />LN 140-84 <br />