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(b) Primary Offering Disclosure — Offical Statement. The Mayor and the Director of <br /> Finance are authorized and directed, on behalf of the City and in their official capacities, to (i) <br /> prepare or cause to be prepared, and make or authorize modifications, completions or changes of or <br /> supplements to, a disclosure document in the form of an official statement relating to the original <br /> issuance of the Bonds, (ii) determine, and to certify or otherwise represent, when the official <br /> statement is to be "deemed final" (except for permitted omissions) by the City as of its date or is a <br /> final official statement for purposes of paragraph(b)of the Rule, (iii)use and distribute, or authorize <br /> the use and distribution of those official statements and any supplements thereto in connection with <br /> the original issuance of the Bonds, and (iv) complete and sign the final official statement and any <br /> supplements thereto, together with such certificates, statements or other documents in connection <br /> with the finality, accuracy and completeness of those official statements and any supplements as <br /> they may deem necessary or appropriate. <br /> (c) Agreement to Provide Continuing Disclosure. For the benefit of the holders <br /> and beneficial owners from time to time of the Bonds, the City agrees to provide or cause to be <br /> provided such financial information and operating data, audited financial statements and notices <br /> of the occurrence of certain events, in such manner as may be required for purposes of the Rule. <br /> The Mayor and the Director of Finance are authorized and directed to complete, sign and deliver <br /> the Continuing Disclosure Agreement, in the name and on behalf of the City and in their official <br /> capacities, in substantially the form as is now on file with the Clerk of Council. The Continuing <br /> Disclosure Agreement is approved, together with any changes or amendments that are not <br /> inconsistent with this ordinance and not substantially adverse to the City and that are approved <br /> by the Mayor, the Director of Finance and Director of Law on behalf of the City, all of which <br /> shall be conclusively evidenced by the signing of the Continuing Disclosure Agreement. <br /> The Director of Finance is further authorized and directed to establish procedures <br /> in order to ensure compliance by the City with its Continuing Disclosure Agreement, including <br /> timely provision of information and notices as described above. Prior to making any filing <br /> required under the Rule, the Director of Finance shall consult with and obtain legal advice from, <br /> as appropriate, the Director of Law and bond counsel or other qualified independent special <br /> counsel selected by the City. The Director of Finance, acting in the name and on behalf of the <br /> City, shall be entitled to rely upon any such legal advice in determining whether a filing should <br /> be made. The performance by the City of its Continuing Disclosure Agreement shall be subject <br /> to the annual appropriation of any funds that may be necessary to perform it. <br /> (d) Application for Rating or Bond Insurance; Financing Costs. If, in the judgment of <br /> the Mayor or the Director of Finance,the filing of an application for(i)a rating on the Bonds by one <br /> or more nationally recognized rating agencies, or (ii) a policy of insurance from a company or <br /> companies to better assure the payment of principal of and interest on all or a portion of the Bonds, <br /> is in the best interest of and financially advantageous to this City, the Mayor or the Director of <br /> Finance may prepare and submit those applications. The Director of Finance is also authorized to <br /> provide to each such agency or company such information as may be required for the purpose. If, in <br /> their judgment, it is in the best interest of and financially advantageous to the City, the Mayor or the <br /> Director of Finance may accept a commitment for insurance issued by a nationally recognized <br /> municipal bond insurance company insuring the payment when due of the principal of and interest <br /> on all or any portion of the Bonds. The Mayor or the Director of Finance may to enter into any <br /> - 11 - <br />