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(d) in a timely manner, to each NRMSIR or to the MSRB, and to <br /> <br /> the SID, if any, notice of a failure of the Issuer to <br /> provide required annual financial information'described <br /> in (a) or (b) above on or before the date sPecified. <br /> <br /> If the Issuer fails to comply with the undertaking described <br />above, any beneficial owner of the Bonds may take action to protect <br />and enforce the rights of all beneficial owners with respect to <br />such undertaking, including an action for specific performance; <br />provided, however, that failure to comply with such undertaking <br />shall not be an event of default and shall not result in any <br />acceleration of payment of the Bonds. All actions shall be <br />instituted, had and maintained in the manner provided in this <br />paragraph for the benefit of all beneficial owners of the Bonds. <br /> <br /> The Issuer reserves the right to modify from time to time the <br />information to be provided to the extent necessary or appropriate <br />in the judgment of the Issuer, provided that: <br /> <br /> (a) any such modification may only be made in connection with <br /> a change in circumstances that arises from a change in <br /> legal requirements, change in law, or change in the <br /> identity, nature, or status of the Issuer; <br /> <br /> (b) the information to be provided, as modified, would have <br /> complied with the requirements of Rule 15c2-12 issued <br /> under the Securities Exchange Act of 1934 ("Rule 15c2- <br /> 12") as of the date of the Official Statement relating to <br /> the Bonds, after taking into account any amendments or <br /> interpretations of Rule 15c2-12, as well as any changes <br /> in circumstances; and <br /> <br />27 <br /> <br /> <br />