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<br />ARTICLE III. <br />P ARTICIP A TION REQUIREMENTS <br /> <br />Section 3.01. The Participation Agreement. The Participant must execute this Agreement and provide a <br />Resolution authorizing participation in TexPool and designating persons to serve as Authorized Representatives <br />of the Participant and any other documents as are required under, and substantially in the form prescribed by, the <br />Operating Procedures before depositing any funds into TexPool. <br /> <br />Section 3.02. Operating Procedures <br /> <br />(a) The Participant acknowledge receipt of a copy of the Operating Procedures. The Operating Procedures <br />describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from <br />TexPool, and related information. <br /> <br />(b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with <br />established banking practices and capabilities and when such modification is deemed necessary to improve <br />the operation of TexPool. <br /> <br />(c) The Participant hereby concurs with and agrees to abide by the Operating Procedures. <br /> <br />ARTICLE IV. <br />INVESTMENTS <br /> <br />Section 4.01. Investments. All monies held in TexPool shall be invested and reinvested by the Trust Company <br />or Authorized Representatives of the Trust Company only in Authorized Investments in accordance with the <br />Agreement. the Investment Policy and the Investment Act. Participant hereby concurs with any such investment <br />so made by the Trust Company. TexPool's available funds that are uninvested may be held at the Trust <br />Company's account at the Federal Reserve Bank of Dallas or any designated custodian account. All investment <br />assets and collateral will be in the possession of the Trust Company and held in its book-entry safekeeping <br />account at the Federal Reserve Bank or any designated custodian account. <br /> <br />Section 4.02. Failed Investment Transaction. In the extraordinary event that a purchase of securities results in <br />a failed settlement, any resulting uninvested funds shall remain in the Trust Company's Federal Bank of Dallas <br />account or any designated custodian account. If an alternative investment can be secured after the failure of the <br />trade to settle. TexPool will receive all the income earnings, including but not limited to, any compensation from <br />the purchaser failing in the trade and the interest income from the alternative investment. <br /> <br />Section 4.03. Investment Earnings and Losses Allocation. All interest earnings in TexPool will be valued <br />daily and credited to the Participant's Accounts monthly, on a pro rata allocation basis. All losses, if any. <br />resulting from the investment of monies in TexPool shall also be allocated on a pro rata allocation basis. All <br />earnings and losses will be allocated to the Participant's Accounts in accordance with generally accepted <br />accounting procedures. <br /> <br />Section 4.04. Commingling of Accounts. Participant agrees that monies deposited in TexPool may be <br />commingled with all other monies held in TexPool for purposes of common investment and operational <br />efficiency. However, each Participant will have separate Accounts on the books and records of TexPool, as <br />further provided for in the Operating Procedures. <br /> <br />Page 4 <br />