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subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is <br />made in connection with a change in circumstances that arises from a change in law or regulation <br />or a change in the identity, nature or status of the City or the type of operations conducted by the <br />City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; <br />(ii) this Section 8 as so amended or supplemented would have complied with the requirements of <br />paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any <br />change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect <br />and interpreted at the time of the amendment or supplement was in effect at the time of the <br />primary offering; and (iii) such amendment or supplement does not materially impair the <br />interests of the Bondowners under the Rule. <br />I'f the Disclosure Information is so amended, the City agrees to provide, <br />contemporaneously with the effectiveness of such amendment, an explanation of the reasons for <br />the amendment and the effect, if any, of the change in the type of financial information or <br />operating data being provided hereunder. <br />(3) This Section 8 is entered into to comply with the continuing disclosure provisions of <br />the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the <br />Rule. <br />Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds. The <br />City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment <br />of 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 />Attest: <br />City Clerk <br />Mayor <br />41 <br />