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21 ATTACHMENT 3
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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072021
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21 ATTACHMENT 3
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7/15/2021 2:13:11 PM
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7/15/2021 1:02:08 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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21
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\CITY CLERK\AGENDA PACKETS\2021\072021
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<br />E-8 <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 Agency agrees to indemnify and save the Dissemination Agent, its officers, <br />directors, employees and agents, harmless against any loss, expense and liabilities which they <br />may incur arising out of or in the exercise or performance of its powers and duties hereunder, <br />including the costs and expenses (including attorneys fees) of defending against any claim of <br />liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. <br />The Dissemination Agent shall have no duty or obligation to review any information provided to it <br />by the Agency hereunder, and shall not be deemed to be acting in any fiduciary capacity for the <br />Agency, the Bond holders or any other party. The obligations of the Agency under this Section <br />shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. <br /> <br />(b) The Dissemination Agent shall be paid compensation by the Agency 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. <br /> <br />Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the <br />Agency, the Dissemination Agent, the Participating Underwriter and the holders and beneficial <br />owners from time to time of the Bonds, and shall create no rights in any other person or entity. <br /> <br />Section 14. Counterparts. This Disclosure Certificate may be executed in several <br />counterparts, each of which shall be regarded as an original, and all of which shall constitute one <br />and the same instrument. <br /> <br />Date: _________, 2021 <br /> <br />LIVERMORE-AMADOR VALLEY <br />WATER MANAGEMENT AGENCY <br /> <br />By: <br /> <br />Name: <br /> <br />Title: <br /> <br /> <br />AGREED AND ACCEPTED: <br /> <br />U.S. BANK NATIONAL ASSOCIATION, <br />as Dissemination Agent <br /> <br /> <br />By: <br /> <br />Name: <br /> <br />Title: <br /> <br /> <br />
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