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of the General Fund. Except as disclosed in the Official Statement or otherwise disclosed in writing to die Underwriter, there has not been any materially adverse change in the financial condition of the General Fund or in its operations since June 30, 2002 and there has been no occurrence, circumstance or combination thereof which is reasonably expected to result in any such materially adverse change. (h) As of the time of acceptance hereof and as of the date of Closing, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, is pending or, to the best knowledge of the officers of the City, threatened (i) in any way questioning the corporate existence of the City or the titles of the officers of the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the execution or delivery of any of the Certificates, or in any way contesting or affecting the validity of the Certificates or the City Documents or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest component of Lease Payments from gross income for federal income tax purposes or contesting the power of the City to enter into the City Documents; (iii) which may result in any material adverse change to the financial condition of the City or to its ability to pay the Lease Payments when due; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clause (i) through (iv) of this sentence. (i) To the extent required by law, the City will undertake, pursuant to the Lease Agreement and the Continuing Disclosure Agreement, to provide annual reports and notices of certain events, if material. A description of this undertaking is set forth in Appendix E to the Preliminary Official Statement and will also be set forth in the final Official Statement. 0) Any certificate signed by any officer of the City authorized to execute such certificate in connection with the execution, sale and delivery of the Certificates and delivered to the Underwriter shall be deemed a representation and warranty of the City to the Underwriter and the Agency as to the statements made therein but not of the person signing such certificate. (k) The City has never failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual financial and operating data or notices of material events. Section 8. Conditions to the Obligations of the Underwriter. The Underwriter has entered into this Purchase Contract in reliance upon the representations and warranties of the Agency and the City contained herein. The obligations of the Underwriter to accept delivery of and pay for the Certificates on the date of the Closing shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the statements of the officers and other officials of the Agency and of the City, as well as authorized representatives of Special Counsel, the Trustee, Underwriter's Counsel and Special Counsel made in any certificates or other documents furnished pursuant to the provisions hereof; to the performance by the Agency and the City of their obligations to be performed hereunder at or prior to the date of the Closing; and to the following additional conditions: 7