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Securities Exchange Act of 1934. Within seven business days from the date hereof, the City <br />shall deliver to the Purchaser 30 copies of the Official Statement and such supplement. The <br />officers of the City are hereby authorized and directed to execute such certificates as may be <br />appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. <br />The officers of the City are hereby authorized and directed to execute such certificates as may be <br />appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. <br />6.09. Reimbursement. The City certifies that the proceeds of the Bonds will not be used <br />by the City to reimburse itself for any expenditure with respect to the Improvements which the <br />City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with <br />respect to such prior expenditures, the City shall have made a declaration of official intent which <br />complies with the provisions of Section 1.150 -2 of the Regulations; provided that this <br />certification shall not apply (i) with respect to certain de minimis expenditures, if any, with <br />respect to the Improvements meeting the requirements of Section 1.150- 2(f)(1) of the <br />Regulations, or (ii) with respect to "preliminary expenditures" for the Improvements as defined <br />in Section 1.150- 2(f)(2) of the Regulations, including engineering or architectural expenses and <br />similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of <br />the Bonds. <br />6.10. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City <br />authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of <br />issuance expenses to Klein Bank on the closing date for further distribution as directed by the <br />City's financial advisor, Ehlers & Associates, Inc. <br />Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the <br />public availability of certain information relating to the Bonds and the security therefor and to <br />permit the Purchaser and other participating underwriters in the primary offering of the Bonds to <br />comply with amendments to Rule 15c2 -12 promulgated by the SEC under the Securities <br />Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect <br />and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, <br />the City hereby makes the following covenants and agreements for the benefit of the Owners (as <br />hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated <br />person in respect of the Bonds within the meaning of the Rule for purposes of identifying the <br />entities in respect of which continuing disclosure must be made. If the City fails to comply with <br />any provisions of this section, any person aggrieved thereby, including the Owners of any <br />Outstanding Bonds, may take whatever action at law or in equity may appear necessary or <br />appropriate to enforce performance and observance of any agreement or covenant contained in <br />this section, including an action for a writ of mandamus or specific performance. Direct, <br />indirect, consequential and punitive damages shall not be recoverable for any default hereunder <br />to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no <br />event shall a default under this section constitute a default under the Bonds or under any other <br />provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a <br />Bond, the registered owner or owners thereof appearing in the bond register maintained by the <br />Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner <br />provides to the Registrar evidence of such beneficial ownership in form and substance <br />reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a <br />12 <br />4852- 7706 - 1987\2 <br />