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to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter <br /> or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than <br /> seven business days after the date of such award, it shall provide without cost to the senior <br /> managing underwriter of the syndicate to which the Bonds are awarded 100 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 24, 2011 BY ORDER OF THE CITY COUNCIL <br /> /s/William J. Malinen <br /> City Manager <br /> A-6 <br /> 4371132v1 <br />