Agenda - Council - 11/12/2002 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I I (e) If in response to a request under subsection (b), the Issuer determines that the Listed event would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (f). (f) If the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking Board and each National Repository and State RepOsitory. SECTION 6. Dissemination Agent. The Issuer has engaged the Dissemination Agent to assist it in carrying out its obligations under this Dissemination Agreement and may discharge any such Dissemination Agent, with or without appointing a successor or Dissemination Agent. The Dissemination Agent may terminate its duties hereunder upon fifteen (15) days written notice to the Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of $1,000 plus $250 per Bond Issue for each Bond Issue in excess of an original par value of $1,000,000 as listed in Exhibit A that is required by the Rule to file' an Annual Report. I.n addition, the Issuer shall reimburse the Dissemination Agent for out of pocket expenses incurred in preparing the Annual' Report. Such expenses shall not exceed an annual amount of $300.00 unless approved in advance by the Issuer. SECTION 7. Amendment, Waiver. Notwithstanding any other provision of this Dissemination Agreement, the Issuer and the Dissemination Agent may amend this Dissemination Agreement, and any provision of this Dissemination Agreement maY be waived, in writing, as agreed to by the parties thereto. SECTION 8. Additional Information. Nothing in this Dissemination Agreement shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Dissemination Ageement or any other means of communication. SECTION9. Duties, Immunities and Liabilities of Trustee and Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Dissemination Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of' liability, but excluding liabilities due to the Dissemination Agent's gross negligence or willful misconduct. SECTION 10. Beneficiaries. This Dissemination Agreement shall inure solely to the benefit of the Issuer and the Dissemination Agent, and shall create no fights in any other person or entity. Ramsey Page 4 10/30/2002 -69-