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SECTION 5.05. Continuing Disclosure. The City will comply with and carry out all of the <br />provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision hereof, <br />failure of the City to comply with the Continuing Disclosure Certificate does not constitute an <br />Event of Default hereunder; provided, however, that any Participating Underwriter (as such <br />term is defined in the Continuing Disclosure Certificate) or any Owner or Beneficial Owner of <br />the Bonds may take such actions as may be necessary and appropriate, including seeking <br />specific performance by court order, to cause the City to comply with its obligations under this <br />Section 5.05. Not later than July 15 in each Fiscal Year, the City shall execute and deliver to <br />the Trustee a Certificate of the City in substantially the form attached hereto as Appendix C, <br />which shall evidence the compliance by the City with the covenants set forth in this Section 5.05 <br />with respect to such Fiscal Year. <br />SECTION 5.06. Protection of Security and Rights of Owners. The City shall preserve <br />and protect the security of the Bonds and the rights of the Owners. From and after the date of <br />issuance of the Bonds, the City shall not contest the validity or enforceability of the Bonds or <br />this Indenture. <br />SECTION 5.07. Further Assurances. The City shall adopt, make, execute and deliver <br />any and all such further resolutions, instruments and assurances as may be reasonably <br />necessary or proper to carry out the intention or to facilitate the performance of this Indenture, <br />and for the better assuring and confirming unto the Bond Owners the rights and benefits <br />provided in this Indenture. <br />15 <br />