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(d) (i) Any restriction on, or general suspension of, trading <br /> in securities on the New York Stock Exchange or any banking <br /> moratorium, or the establishment by the New York Stock Exchange, by <br /> the Securities and Exchange Commission, by any Federal or state <br /> agency, or by the decision of any court, of any limitation on <br /> prices for such trading or (ii) any new outbreak of hostilities or <br /> other national or international calamity or crisis, the effect of <br /> which on the financial markets of the United States shall be such <br /> as to make it impracticable, in the reasonable judgment of the <br /> Underwriter, for the Underwriter to enforce contracts for the sale <br /> of the Bonds; or <br /> (e) Any event or condition which, in the judgment of the <br /> Underwriter, renders untrue or incorrect, in any material respect <br /> as of the time the same purports to speak, the information, <br /> including the financial statements, contained in the Official <br /> Statement, or which requires that information not reflected in the <br /> Official Statement should be reflected therein in order to make the <br /> statements and information contained therein not misleading in any <br /> material respect as of such time; provided the Issuer and the <br /> Underwriter will use its best efforts to amend or supplement the <br /> official Statement to reflect, to the satisfaction of the <br /> Underwriter, such changes in or additions to the information <br /> contained in the Official Statement . <br /> 10 . All notices, demands and formal actions hereunder will be <br /> in writing mailed, telegraphed or delivered to: <br /> The Issuer: City of Batesville, Arkansas <br /> City Hall <br /> Batesville, Arkansas 72503 <br /> Attention: Mayor <br /> The Underwriter: Crews & Associates, Inc. <br /> 124 West Capitol, Suite 2000 <br /> Little Rock, Arkansas 72201 <br /> Attention: Edmond Hurst <br /> 11 . All representations, warranties and covenants of the <br /> Issuer contained herein shall remain operative and in full force <br /> and shall survive (a) the execution and delivery of this Agreement, <br /> (b) any investigation made by or on behalf of the Underwriter, (c) <br /> the purchase of the Bonds hereunder, and (d) any disposition of or <br /> payment for the Bonds . The Issuer shall be liable to the <br /> Underwriter for any damages resulting from a false representation <br /> or warranty or breach of covenant . <br /> 12 . The Underwriter shall be under no obligation to pay and <br /> the Issuer shall pay any expenses incident to the performance of <br /> its obligations hereunder including, but not limited to: (i) the <br /> cost of the preparation and distribution of this Agreement, the <br /> Authorizing Ordinance, the cost of the preparation, printing and <br /> delivery of the Bonds, the cost of printing of the Official <br /> Statement (in such reasonable quantities as may be requested by the <br />