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<br />146. <br /> <br />FINANCIAL ADVISORY AGREEMENT <br /> <br />This Financial Advisory Agreement (the "Agreement") is made and entered into by and betvveen the <br />City of San Marcos, Texas ("Issuer") and First Southwest Company ("FSC") effective as of the date executed <br />by the Issuer as set forth on the signature page hereof. <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the Issuer will have under consideration from time to time the authorization and issuance <br />of indebtedness in amounts and fonns which cannot presently be detennined and, in connection with the <br />authorization, sale, issuance and delivery of such indebtedness, Issuer desires to retain an independent financial <br />advisor; and <br /> <br />WHEREAS, the Issuer desires to obtain the professional services ofFSC to advise the Issuer regarding <br />the issuance and sale of certain evidences of indebtedness or debt obligations that may be authorized and <br />issued or otherwise created or assumed by the Issuer (hereinafter referred to collectively as the "Debt <br />Instruments") from time to time during the period in which this Agreement shall be effective; and <br /> <br />WHEREAS, FSC is willing to provide its professional services and its facilities as financial advisor in <br />connection with all programs of financing as may be considered and authorized by Issuer during the period <br />in which this Agreement shall be effective. <br /> <br />NOW, THEREFORE, the Issuer and FSC, in consideration of the mutual covenants and agreements <br />herein contained and other good and valuable consideration, do hereby agree as follows: <br /> <br />SECTION I <br />DESCRIPTION OF SERVICES <br /> <br />Upon the request of an authorized representative of the Issuer, FSC agrees to perfonn the financial <br />advisory services stated in the following provisions of this Section I; and for having rendered such services, <br />the Issuer agrees to pay to FSC the compensation as provided in Section V hereof. <br /> <br />A. Financial Plannin€!. At the direction ofIssuer, FSC shall: <br /> <br />I. Survev and Analysis. Conduct a survey of the financial resources of the Issuer to detennine <br />the extent of its capacity to authorize, issue and service any Debt Instruments contemplated. This <br />