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201106937 200411247 (c) in a timely manner to each NRMSIR or to the MSRB notice of aay failure on the part of the City to provide required annual finaucial information not later than seven months from the close of the City's fiscal year. The City reserves the right to modify from time to time the specific types of information provided ar the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the City, consistent with the Rule: The City hereby agrees that such covenants aze for the benefit of the registered owners of the Building Bonds (including Beneficial0wners, as defined in the Indenture) and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement sha11 be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Indentiue or the Lease Purchase Agreement as amended by this Second Addendum. The continuing disclosure obligations of the City under this Section X shall cease whett none of the Building Bonds remain outstanding. Section XI. Amendments to Lease Purchase Asreement as Amended bv Second Addendum. The Lease Purchase Agreement as amended by this Second Addendum may be amended only in accordance with the terms of the Indenture. Section XII. Assisnment of Pavments; Oblieations of Citv Unconditional. Under the Indenture the Payments have been assigned on an absolute and unconditional basis in order to effect the payment of principal and interest on the Building Bonds. The City hereby agrees that no amendment reducing the amount of the Payments or extending the tune of payment thereof shall be made without the consent of the registered owners o£ each of the Building Bonds affected thereby. The Payments may be reduced in the event of any refimding of the Building Bonds or any other Building Bonds provided that no such reduction shall take effect so long as any of the Building Bonds being refunded remain outstanding under the Indenture. The City hereby agrees that the Trustee shall have the right to enforce any and all of its obligations with respect to the Payments under the Lease Purchase Agreement as amended by this Second Addendum. The City hereby agrees and acknowledges that its obligations to make the Payments sha11 be absolute and unconditional. The City shall bear all risk of damage to or destruction of the Project or any part thereof, including without limitation any loss, complete or partial, or interruption in the use, accupancy or operation of the Project, or anything which for any reason interferes with, prevents or renders burdensome the use of the Project or the compliance by the City with the terms of the Lease Purchase Agreement as amended by this Second Addendum. In furtherance of the foregoing, but without limiting any of the other provisions of the Lease Purchase Agreement as amended by this Second Addendu�n, the obligations to make the Paymettts shall be absolute and unconditional and the City shall not be entitled to any abatement, diminution, setoff, abrogation, waiver or modification of the Payments nor to any termination of the Lease Purchase Agreement as amended by this Second Addendum by any reason whatsoever and regardless of any rights of setoff, recoupment or counterclaim that the City might otherwise have against the Trustee, Heartland or any owner of any of the Building Bonds or any other party or parties and regazdless of any contingency, act of God, event or cause whatsoever and 13