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<br />D-6 <br />If an amendment is made to this Disclosure Certificate modifying the accounting <br />principles to be followed in preparing financial statements, the Annual Report for the year in <br />which the change is made shall present a comparison between the financial statements or <br />information prepared on the basis of the new accounting principles and those prepared on the <br />basis of the former accounting principles. The comparison shall include a qualitative discussion <br />of the differences in the accounting principles and the impact of the change in the accounting <br />principles on the presentation of the financial information, in order to provide information to <br />investors to enable them to evaluate the ability of the Successor Agency to meet its obligations. <br />To the extent reasonably feasible, the comparison shall be quantitative. <br /> <br />A notice of any amendment made pursuant to this Section 9 shall be filed in the same <br />manner as for a Listed Event under Section 5(c). <br /> <br />Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed <br />to prevent the Successor Agency from disseminating any other information, using the means of <br />dissemination set forth in this Disclosure Certificate or any other means of communication, or <br />including any other information in any Annual Report or notice of occurrence of a Listed Event, <br />in addition to that which is required by this Disclosure Certificate. If the Successor Agency <br />chooses to include any information in any Annual Report or notice of occurrence of a Listed <br />Event in addition to that which is specifically required by this Disclosure Certificate, the <br />Successor Agency shall have no obligation under this Disclosure Certificate to update such <br />information or include it in any future Annual Report or notice of occurrence of a Listed Event. <br /> <br />Section 11. Default. If the Successor Agency fails to comply with any provision of this <br />Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the <br />Bonds may take such actions as may be necessary and appropriate, including seeking mandate <br />or specific performance by court order, to cause the Successor Agency to comply with its <br />obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not <br />be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure <br />Certificate in the event of any failure of the Successor Agency to comply with this Disclosure <br />Certificate shall be an action to compel performance. <br /> <br />Section 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) The <br />Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure <br />Certificate, and the Successor Agency agrees to indemnify and save the Dissemination Agent, <br />its officers, directors, employees and agents, harmless against any loss, expense and liabilities <br />which they may incur arising out of or in the exercise or performance of its powers and duties <br />hereunder, including the costs and expenses (including attorneys fees) of defending against any <br />claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful <br />misconduct. The Dissemination Agent shall have no duty or obligation to review any information <br />provided to it by the Successor Agency hereunder, and shall not be deemed to be acting in any <br />fiduciary capacity for the Successor Agency, the Bond holders or any other party. The <br />obligations of the Successor Agency under this Section shall survive resignation or removal of <br />the Dissemination Agent and payment of the Bonds. <br /> <br />(b) The Dissemination Agent shall be paid compensation by the Successor Agency for <br />its services provided hereunder in accordance with its schedule of fees as amended from time <br />to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by <br />the Dissemination Agent in the performance of its duties hereunder. <br />