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provision of this Resolution, failure of the Commission to comply with the Continuing <br />Disclosure Certificate is not an event of default with respect to the Bonds; however, any person <br />aggrieved thereby, including the Owners of any Outstanding Series 2004A Bonds, may take <br />whatever action at law or in equity may appear necessary or appropriate to enforce performance <br />and observance of any agreement or covenant contained in this Section, including an action for a <br />writ of mandamus or specific performance. As used in this Section, "Owner" or "Bondowner" <br />means, in respect of a Bond, the registered owner or owners thereof appearing in the bond <br />register maintained by the Registrar or any "Beneficial Owner" (as hereinafter defined) thereof, <br />if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form <br />and substance reasonably satisfactory to the Registrar. As used herein. "Beneficial Owner" <br />means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, <br />to vote or consent with respect to, Or to dispose of ownership of, such Bond (including persons <br />or entities holding Series 2004A Bonds through nominees, depositories or other intermediaries), <br />or (ii) is treated as the Owner of the Bond for federal income tax purposes. "Continuing <br />Disclosure Certificate" means that certain Continuing Disclosure Certificate substantially in the <br />form on file with the Commission on the date hereof, which is authorized to be executed by the <br />President and Secretary of the Commission and the Mayor and City Clerk-Treasurer. <br /> <br /> 16.09. Effective Date. This Resolution, having been concurred in by the City Council by <br />resolution adopted on August 2, 2004, shall be effective immediately. <br /> <br />1670578vl 27 <br /> <br /> <br />