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designates the Underwriter of the syndicate to which the Series 2016B 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 /> 478975v1 JSB EL185-42 <br />