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Request for Qualifications for Affordable Mousing Financial Analytical and Advisory Services DISCLOSURES AND DISCLAIMERS City represents, acknowledges and agrees that: W Consultant is not advising or recommending any action be taken by the City with respect to any prospective, new or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues); (ii) Consultant is not registered with the U.S. Securities and Exchange Commission ("SEC") as a municipal advisor; and (iii) Consultant is not acting as a municipal advisor to City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to City pursuant to Section 1513 of the Exchange Act with respect to the services provided hereunder and any information and material contained in Consultant's work product. City further represents, acknowledges and agrees that: (i) City shall discuss any such information and material contained in Consultant's work product with any and. all internal and/or external advisors and experts, including its own municipal advisors, that it deems appropriate before acting on the information and material; (ii,) City uses the services of one or more municipal advisors registered with the SEC to advise it in connection with municipal financial products and the issuance of municipal securities; (iii) City is not looking to Consultant to provide, and City shall not otherwise request or require Consultant to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or reconurend.ations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); and (iv) City warrants that the provisions of this contract and the services to be provided hereunder are not intended (and shall not be construed,) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1)34, as amended, and the rules and regulations adopted thereunder, Keyser Marston Associates, Inc. Page 16