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7¸2 <br /> <br /> PROPOSED FO~OF AGREEMENT <br /> <br /> FOR <br /> <br /> HNANCLAL ADVISORY SERVICES <br /> <br /> By and Between <br /> <br /> ~E CITY OF SAN MaMICOS, TEXAS <br /> <br /> (Herein referred to as the:" Issuer") <br /> <br /> and <br /> <br /> HRST SOUTHWEST COMPANY <br /> <br />It is understood that the Issuer will have under consideration from time to time the <br />authorization and issuance of indebtedness in amounts and forms which cannot be determined <br />and that in connection with the authorization, sale, issuance and delivery of such indebtedness <br />of the Issuer, we are submitting this proposal to provide professional services to the IssUer in the <br />capacity of Financial Advisor. This proposal, if accepted by the Issueri shall become the <br />agreement (the "Agreement":) between the ISsuer and First SOuthwest COmpany effective at the <br />date of its acceptance as provided for herein below. <br /> <br /> A. This Agreement shall apply to any and all evidences of indebtedness or debt <br />obligations that may be author/zed and issued or otherwise created or assumed N/the Issuer <br />(hereinafter referred to collectively as the "Debt Instruments")from time to time during the <br />period in which this Agreement shall be effective. <br /> <br /> B. We agree to provide our professional services and our facilities as Financial <br />Advisor and agree to direct and coordinate all programs of financing as may be considered and <br />authorized during the period in which this Agreement shall be effective and to assume and pay <br />those expenses set out in Appendix A. provided, however, that our Obligations to pay expenses <br />shall not indude any costs incident to litigation, mandamus action, test case or other similar <br />legal actions. <br /> <br /> C. We: agree to perform the following duties normally performed by such financial <br />advisors and ali Other duties as, in our judgment, may be necessary or advisable: <br /> <br /> 1. We will conduct a survey of the financial resources of the Issuer to <br />determine the extent of its capacity to authorize, issue and service debt. Th_is surv~ will include <br />an analysis of the existing debt structure as compared with the existing and projec~ sources of <br />revenues which may be pledged to secure payment of debt service and, where appropriate, will <br /> <br /> <br />