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2. Depository shall hold these funds and any disbursement of the funds <br />shall be made only at the express written direction of CHFA. The Depository <br />shall act coley at all times on instructions from CHFA with respect to the sum <br />deposited hereunder. <br />3. Interest on the funds deposited hereunder will be paid by the <br />Depository in accordance with the terms of the account. All interest shall be <br />added to the amount originally deposited and shall be disbursed only in <br />accordance with this Agreement. <br />4. Any balance remaining in this account at the end of the term of this <br />Agreement, which is two (2) years from the date of CHFA's bond closing date, <br />shall be returned to the Depositor. <br />5. The Depositor agrees to pay all costs or expenses incurred by the <br />Depository, including court costs and reasonable attorneys' fees, by reason of <br />acting as depository. Because the Depository hail act solely aL all times on <br />written instructions from CHFA with repect to the funds deposited and accrued <br />interest, the Depositor acknowledges that the Depository shall be relieved of <br />any liability or claims of any nature, excepting any liability or claim arising <br />from a negligent act or omission or misconduct of the Depository. <br />6. This Agreement may be executed in several counterparts, each of which <br />shall be deemed to be an original and such counterparts shall constitute one <br />and the same instrument. <br />It is understood and agreed that whenever used herein the singular number <br />shall include the plural, the plural the singular, and the use of any gender <br />shall be applicable to all genders. <br />This agreement shall be binding upon and inure to the benefit of the <br />respective successors and assigns of the parties hereto and upon the legal <br />representatives of the Depositor. The word "CHFA" shall be deemed to include <br />the successor or successors of that agency. <br />In witness whereof the parties hereto have duly executed this Agreement <br />the date and year first above written. <br />20:Bondfee.EHI <br />CITY OF PLEASANTON, a municipal <br />corporation, Depositor <br />. l` <br />By : fri'lr Cl <br />Rod Davenport' <br />Director of Finance <br />BANK OF PLEASANTON, Depository <br />% . <br />Jot( Brooks <br />President and Chief Executive Officer <br />2. <br />