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<br />E-5 <br />4826-7904-2280v7/200434-0005 <br />9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City <br />from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or <br />any other means of communication, or including any other information in any notice of occurrence of a Listed Event, <br />in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in <br />any notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure <br />Certificate, the City shall not thereby have any obligation under this Disclosure Certificate to update such information <br />or include it in any future notice of occurrence of a Listed Event. <br />10. Default. In the event of a failure of the City to comply with any provision of this Disclosure <br />Certificate, the Dissemination Agent or any Holders or Beneficial Owners of the Bonds may take such actions as may <br />be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to <br />comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be <br />deemed an Event of Default under the Trust Agreement, and the sole remedy under this Disclosure Certificate in the <br />event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance. <br />No Holder or Beneficial Owner of the Bonds may institute such action, suit or proceeding to compel <br />performance unless they shall have first delivered to the City satisfactory written evidence of their status as such, and <br />a written notice of and request to cure such failure, and the City shall have refused to comply therewith within a <br />reasonable time. <br />11. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the <br />Dissemination Agent, the Participating Underwriter and Holders and Beneficial Owners from time to time of the <br />Bonds, and shall create no rights in any other person or entity. <br />Dated: __________, 2021 CITY OF SANTA ANA <br />By: <br />Its: City Manager <br />