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mandamus. Direct, indirect, consequential and punitive damages shall not be recoverable for any <br />default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a <br />default under this section constitute a default under the Bonds or under any other provision of this <br />resolution. <br />As used in this section, "Owner" or "Bondowner" means, in respect of a Bond, the <br />registered owner or owners thereof appearing in the bond register maintained by the Registrar or any <br />Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar <br />evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. <br />As used herein, "Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has <br />the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, <br />such Boiid (including persons or entities holding Bonds through nominees, depositories or other <br />intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. <br />(c) Information To Be Disclosed. The City will provide, either directly or indirectly <br />through an agent designated by the City, the following information at the follov'ing times in an <br />appropriate manner: <br />(1) At least annually to the state information depository then designated or operated <br />by the State of Minnesota (the "State Depository"), if any, or, if no State Depository then exists, to <br />any i^rson or entity upon request, the information (the "Disclosure Information") of the type <br />contained in the Official Statement under the following captions: "Current Property Valuations," <br />"Larger Taxpayers," "Direct Debt," "Overlapping Debt," "Debt Ratios," "Tax Levies and <br />Collections," "Tax Capacity Rates," "Larger Employers" and "Employment/Unemployment," which <br />information may be unaudited and which, for financial statement information, shall be for the most <br />recent fiscal year of the City (if in response to a request, the most recent fiscal year ending not less <br />than 365 days ^fore the date of the request), and, for other such information, the information most <br />recently compiled by the City on a customary basis and publicly available under applicable data <br />privacy or other laws. <br />The City Clerk is hereby designated as the proper recipient of requests for Disclosure <br />Information. <br />Any or all of the Disclosure Information may be incorporated by reference, if it is <br />updated as required hereby, from other documents, including official statements, which have been <br />Page 4 of 7