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(c) If the Underwriter shall fail (other than for a reason permitted hereby) to accept and pay for the Bonds upon tender thereof by the Issuer as provided herein, the Good Faith Deposit shall be retained by the Issuer as and for full liquidated damages for such failure and for any and all defaults on the part of the Underwriter, and the Underwriter shall be fully released and discharged of all claims and damages for such failure and for any and all such defaults. Section 4. You shall deliver or cause to be delivered tc the Underwriter promptly after your acceptance hereof (a) two copies of the Resolution, certified by the Chairman or Vice Chairman of the Board of County Commissioners of the Issuer, and (b) two executed copies of the Official Statement signed by the Chairman of the Board of Commissioners of the Issuer and the County Administrator of the Issuer. You authorize the use of copies of the Official Statement and the Resolution in connection with the public offering and sale of the Bonds. You ratify the use by the Underwriter, prior to the date hereof, of the Preliminary Official Statement in connection with the public offering of the Bonds. Definitions of terms in the Official Statement and the Resolution shall apply to this Agreement unless the terms are otherwise defined herein. After the Closing and during the shorter of (1) the period during which the Underwriter is offering the Bonds that constitute the whole or part of its unsold participation or (2) the period ending 90 days after the Closing, the Issuer will prepare forthwith and furnish to the Underwriter a reasonable number of copies of any amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which is necessary, because of the occurrence of an event relating to or affecting the Issuer or the issuance of the Bonds or the application of the proceeds thereof, in order that the Official Statement will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. The Issuer promptly will notify the Underwriter of the occurrence of any event that, in its opinion, requires an amendment or supplement to the Official Statement. Section 5. The Issuer represents, warrants and agrees with the Underwriter as follows: (a) Both at the time of acceptance of this offer by the Issuer and at the date of Closing, the statements and information contained in the Preliminary Official Statement (except as changed by the Official Statement) and in the Official Statement (except for information furnished to the Issuer by the Underwriter or by others as specifically indicated in the Official Statement) are and will be true, 3