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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-16 <br />the reasons for the amendment and the impact of the change in the type of operating data or <br />financial information being provided. <br /> <br />If an amendment is made to this Disclosure Certificate modifying the accounting principles <br />to be followed in preparing financial statements, the Annual Report for the year in which the <br />change is made shall present a comparison between the financial statements or information <br />prepared on the basis of the new accounting principles and those prepared on the basis of the <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 principles <br />on the presentation of the financial information, in order to provide information to investors to <br />enable them to evaluate the ability of the Member to meet its obligations. To the extent reasonably <br />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(b). <br /> <br />Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed <br />to prevent the Member 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, in <br />addition to that which is required by this Disclosure Certificate. If the Member chooses to include <br />any information in any Annual Report or notice of occurrence of a Listed Event in addition to that <br />which is specifically required by this Disclosure Certificate, the Member shall have no obligation <br />under this Disclosure Certificate to update such information or include it in any future Annual <br />Report or notice of occurrence of a Listed Event. <br /> <br />Section 11. Default. If the Member fails to comply with any provision of this Disclosure <br />Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take <br />such actions as may be necessary and appropriate, including seeking mandate or specific <br />performance by court order, to cause the Member 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 event <br />of any failure of the Member to comply with this Disclosure Certificate shall be an action to compel <br />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 Member 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 Member hereunder, and shall not be deemed to be acting in any fiduciary capacity for the <br />Member, the Bond holders or any other party. The obligations of the Member 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 Member for its <br />services provided hereunder in accordance with its schedule of fees as amended from time to <br />time, and 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.
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