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~ (~,)t''''~ ~~};1. lIJ,r~ ~, ,~~ f~ f=tb4 L1 () -- TRl-PARTY COLLATERAL MANAGEMENT AGREEMENT (Collateralized Public DeposIts) executed as of WITNESSETH WHEREAS, PublIc EntIty desITes to mamtain or contmue to maintain public deposits with Bank of Amenca; WHEREAS, Bank of Amenca desITes to obtain or contmue to mamtain such deposits and to provide secunty therefor as required by applicable law, regulation or rule, WHEREAS, Bank of Amenca has pledged to Public EntIty and granted Public Entity a security interest in certam secuntJes 10 secure PublIc EntIty's umnsured deposits wIth Bank of America as required by applIcable law, regulatJOn or rule; WHEREAS, Bank of New York agrees to provide safekeepmg servIces and to hold any securities pledged by Bank of America to Public EntIty m trust m a separate custodIal account maintained by Bank of New York in the name of Bank of Amenca for the benefJl and subject to the control of PublIc EntIty as secured party pursuant to tlus Agreement: -I, follows NOW, THEREFORE, m consJderatJOn of the mutual prOIlllses set forth hereafter, the parties hereto agree as Security RequITements (a) Bank of Amenca. to secure the timely payment of Urunsured Deposits heretofore or hereafter made by PublIc EntIty, has deposited WIth Bank of New York certam SeCUTltles as more fully described ill the initial confirmatIon or Trust ReceIpt of such deposit delIvered by Bank of New York to Bank of America and Public Entity respectively Pursuant to the Texas Busmess and Commerce Code, as amended, Bank of New York shall act as a bailee or agent of Public EntIty and, to the extent not mconslstent therewIth, hold Securities as a securitIes mtermedlary (as such term IS defmed In Chapter 8 of the Texas Busmess & Commerce Code, as amended) and in accordance WIth the prOVISIOns hereof. Bank of America shall delIver SecuritIes to Bank of New York ill the manner prescribed m SectIOn 2 of this Agreement (b) Bank of New Yark, as agent of Public Entity, shall delemune that the Securities to be transferred to the Account constItute ElIgible Collateral and that any physical Secunues are in negotiable form. Secuntles which are not ElIgible Collateral and phYSIcal Secunties which are not m negotiable form shall not be transferred to the Account. (c) On each Busmess Day on willch Public EntIty has Unmsured Deposits with Bank of America, Bank of Amenca agrees to delIver or cause to be delivered to Bank of New Yark for transfer to the Account Ehgible Collateral havmg an Aggregate Margm Value equal or greater than the Collateral RequITement. (d) On each Busmess Day Bank of America will notIfy Bank of New York electronically of the amount of Urunsured DepOSIts as of the close of busmess on the unmedlately precedmg Busmess Day (the "Collateral RequITernent") Bank of New Y ark wIll determme on each Busmess Day the Aggregate Margm Value of I the El1gibJe Collateral proVIded pursuant LO tills Agreement. If the Aggregate Margin Value of such Ehgible Collateral on any Busmess Day IS less than the Collateral ReqUIrement for such day, Bank of New York will so .- noufy Bank of Amenca as soon as possible on such day, and Bank of Ameflca shall, upon receIpt of such notIce, be requlTtcd to delIver addltlOnal El1gibJe Collalera] havmg an Aggregale \1argm Value equal to or greater than such