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<br />1827140v1 A-11 <br />to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any <br />underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no <br />more than seven business days after the date of such award, it shall provide without cost to the <br />senior managing underwriter of the syndicate to which the Bonds are awarded 250 copies of the <br />Official Statement and the addendum or addenda described above. The City designates the <br />senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for <br />purposes of distributing copies of the Final Official Statement to each Participating Underwriter. <br />Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its <br />proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a <br />contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring <br />the receipt by each such Participating Underwriter of the Final Official Statement. <br />Dated October 20, 2005 BY ORDER OF THE city council <br /> /s/ Jane M. Cross <br /> City Clerk <br />