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Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation <br />to review any information provided to them hereunder and shall not be deemed to be acting in any fiduciary <br />capacity for the City, the Holders, or any other party. The obligations of the City under this Section shall <br />survive resignation or removal of the Dissemination Agent and payment of the Bonds. No person shall <br />have any right to commence any action against the Dissemination Agent hereunder, seeking any remedy <br />other than to compel specific performance of this Disclosure Certificate. The Dissemination Agent shall <br />not be liable under any circumstances for monetary damages to any person for any breach under this <br />Disclosure Certificate. <br />SECTION 12. Filings with the MSRB. All financial information, operating data, financial <br />statements, notices, and other documents provided to MSRB in accordance with this Disclosure Agreement <br />shall be provided in an electronic format prescribed by MSRB and shall be accompanied by identifying <br />information as prescribed by MSRB. <br />SECTION 13. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the <br />City, the Participating Underwriter and Holders and Beneficial Owners from time to time of the Bonds, and <br />shall create no rights in any other person or entity. <br />SECTION 14. Counterparts. This Disclosure Agreement may be executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the same <br />instrument. <br />(Signature page follows) <br />553 94.000 5 5\32427465.1 5 <br />55A-154 <br />