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Request for Qualifications for Affordable Housing <br />Financial Analytical and Advisory Services <br />DISCLOSURES AND DISCLAIMERS <br />City represents, acknowledges and agrees that, <br />(i) Consultant- is not advising or recorranend ng any action be taken by the City with <br />respect to any prospective, new or existing municipal financial products or issuance of <br />municipal securities (including with respect to the structure, timing, terms and other similar <br />matters concerning such financial products or issues); <br />(ii) Consultant is not registered with the U.S. Securities and Exchange Commission ("SEC") <br />as a municipal advisor; and <br />(til) Consultant is not acting as a mrmicipal advisor to City and does not assume any <br />fiduciary duty hereunder, including, without ]initiation, a fiduciary dray to City pursuant to <br />Section 15B of the Exchange Act with respect to the services provided hereunder and any <br />information and material contained in Consultant's work product. <br />City further represents, acknowledges and agrees that. <br />(i) City shall discuss any such information and material contained in Consultant's work <br />product with any and all internal and/or external advisors and experts, including its own <br />municipal advisors, that it deems appropriate before acting on the information and material; <br />(ii) City uses the services of one or more municipal advisors registered with the SEC to <br />advise it in connection with municipal financial products and the issuance of mmricipal <br />securities; <br />(iii) City is not looking to Consultant to provide, and City shall not otherwise request or <br />require Consultant to provide, any advice or recommendations with respect to municipal <br />financial products or the issuance of municipal securities (including any advice or <br />recommendations with respect to the stricture, timing, terms, and other similar matters <br />concerning such financial products or issues); and <br />(iv) City warrants that the provisions of this contract and the services to be provided <br />hereunder are notintended (and shall not be construed) to constitute or include any municipal <br />advisory services within the meaning of Section 1513 of the U.S. Securities Exchange Act of 1934, <br />as amended, and the rules and regulations adopted thereunder, <br />Keyser Marston Associates, Inc. Page 16 <br />80A-52 <br />