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<br />D–6 <br />former accounting principles. The comparison shall include a qualitative discussion of the <br />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 City to meet its obligations. To the extent <br />reasonably feasible, the comparison shall be quantitative. <br /> <br />The Dissemination Agent shall not be obligated to enter into any amendment increasing <br />or affecting its duties or obligations hereunder. <br /> <br />A notice of any amendment made pursuant to this Section 9 shall be filed in the same <br />manner as for a Significant Event under Section 5(c). <br /> <br />Section 10. Additional Information. Nothing in this Disclosure Certificate shall be <br />deemed to prevent the City 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 Significant <br />Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to <br />include any information in any Annual Report or notice of occurrence of a Significant Event in <br />addition to that which is specifically required by this Disclosure Certificate, the City shall have no <br />obligation under this Disclosure Certificate to update such information or include it in any future <br />Annual Report or notice of occurrence of a Significant Event. <br /> <br />Section 11. Default. If the City fails to comply with any provision of this Disclosure <br />Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may <br />take 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 <br />Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event <br />of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the <br />event of any failure of the City to comply with this Disclosure Certificate shall be an action to <br />compel performance. <br /> <br />Section 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) Article VIII of <br />the Indenture is hereby made applicable to this Disclosure Certificate as if this Disclosure <br />Certificate were (solely for this purpose) contained in the Indenture. The Dissemination Agent <br />shall be entitled to the protections and limitations from liability afforded to the Trustee <br />thereunder. The Dissemination Agent shall have only such duties as are specifically set forth in <br />this Disclosure Certificate, and the City 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 City hereunder, and shall not be deemed to be acting in any fiduciary <br />capacity for the City, the Bond holders or any other party. The obligations of the City under this <br />Section shall survive resignation or removal of the Dissemination Agent and payment of the <br />Bonds. <br /> <br /> (b) The Dissemination Agent shall be paid compensation by the City for its services <br />provided hereunder in accordance with its schedule of fees as amended from time to time, and <br />shall be reimbursed for all expenses, legal fees and advances made or incurred by the <br />Dissemination Agent in the performance of its duties hereunder.