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<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 /> <br />Dated October 1, 2007 <br /> <br />BY ORDER OF THE CITY COUNCIL <br /> <br />/s/ Melanie Mesko Lee <br />City Clerk <br /> <br />A-5 <br /> <br />2085700vl <br />