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designates the Underwriter of the syndicate to which the Series 2016E Bonds are awarded as its <br />agent for purposes of distributing copies of the Final Official Statement to each Participating <br />Underwriter. Such Underwriter agrees that if its proposal is accepted by the City, (i) it shall <br />accept designation and (ii) it shall enter into a contractual relationship with all Participating <br />Underwriters of the Series 2016B Bonds for purposes of assuring the receipt by each such <br />Participating Underwriter of the Final Official Statement. <br />Dated May 10, 2016 BY ORDER OF THE ELK RIVER MUNICIPAL <br />UTILITIES COMMISSION <br />/s/Theresa Slominski <br />Finance and Office Manager <br />A-6 <br />