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The City covenants that it will cause to be prepared annually, not more than one hundred eighty (180) days after the close of each Fiscal Year, as a part of its regular annual financial report, a summary statement showing the Gas Tax Fund and the amount of all other funds collected which are required to be pledged or otherwise made available as security for payment of principal of and interest on the Series 2019 Bonds, the disbursements from the Gas Tax Fund and other funds in reasonable detail. The City shall furnish a copy of the statement to the Trustee, and upon written request, to any Bond Owner. The Trustee shall not be responsible for reviewing the audited financial statements and annual financial report. [The City will permit the Insurer to discuss the affairs, finances and accounts of the City or any information the Insurer may reasonably request regarding the security for the Series 2019 Bonds with appropriate officials of the City.] SECTION 5.06 Protection of Security and Rights of Owners. The City will preserve and protect the security of the Series 2019 Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any Additional Obligations by the City, such Additional Obligations shall be incontestable by the City. SECTION 5.07 No Priority for Additional Obligations. The City covenants that no Additional Obligations shall be issued or incurred having any priority in payment of principal or interest out of the Gas Tax Revenues over the Series 2019 Bonds. SECTION 5.08 No Arbitrage. The City shall not take, nor permit nor suffer to be taken any action with respect to the proceeds of any of the Series 2019 Bonds which would cause any of the Series 2019 Bonds to be "arbitrage bonds" within the meaning of the Tax Code. SECTION 5.09 Information Report. The City shall cause to be filed an information report for the Series 2019 Bonds in compliance with Section 149(e) of the Tax Code. SECTION 5.10 Private Activity Series 2019 Bond Limitation. The City shall assure that the proceeds of the Series 2019 Bonds are not so used as to cause the Series 2019 Bonds to satisfy the private business tests of section 141(b) of the Tax Code or the private loan financing test of section 141(c) of the Tax Code. SECTION 5.11 Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Series 2019 Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Tax Code. SECTION 5.12 Further Assurances. The City will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Indenture, and for the better assuring and confirming unto the Owners of the Series 2019 Bonds the rights and benefits provided in this Indenture. SECTION 5.13 Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. 55394.00055\32329348.3 554-41