83-78 RATIFYING AND APPROVING THE EXECUTION OF A PURCHASE CONTRACT AMONG THE CITY OF DECATUR, MACON COUNTY, ILLINOIS, DECATUR MEMORIAL HOSPITAL AND SMITH BARNEY, HARRIS UPHAM & CO. INC. AND OTHER UNDERWRITERS

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9. All expenses and costs of the City incident to the performance of its obligations in connec- tion �c�ith the authorization, issuance and sale of Bonds to the L'nderwriters, including, without limita- � tion, the costs of publication of legal notices, the costs of printing of the Bonds, the costs of reproduc- tion of the Preliminary O�cial Statement, the Official Statement, the fees of consultants and rating agencies, the initial fee of the Bond Trustee and its counsel in connection with the issuance of the Bonds, the initial fee of the trustee under the Second Supplemental Indenture and its counsel in con- nection with the performance of its obligations under the Second Supplemental Indenture, and the fees and expenses of Bond Counsel, counsel for the City, and counsel for the Corporation shall be paid from the proceeds of the Bonds or other funds made available by the Corporation to the City. Such costs shall be paid notwithstanding the failure of the City to deliver the Bonds for any reason. All out-of-pocket expenses of the Underwriters, including traveling and other expenses, and the fees and expenses of any counsel employed by them, shall be paid by the Underwriters. 10. Any notice or other communication to be given to the City under this Purchase Contract may be given by delivering the same in writing, at your address set forth above, and any such notice or other communication to be given to the Under�vriters or the Manager may be given by delivering the same in writing to Smith Barney, Harris Upham & Co. Incorporated, One First National Plaza, Chi- cago, Illinois 60603, to the attention of Mr. Alexander W. Cook, Senior Vice President. This Purchase Contract is made solely for the benefit of the City, the Corporation, and the Unden�vriters (including the successors or assigns of any of the Underwriters) and no other person, partnership, association or corporation shall acquire or have any right hereunder or by virtue hereof. All agreements of the City and the Corporation in this Purchase Contract shall remain operative _ and in full force and effect regardless of any investigation made by or on behalf of any of the Under- writers and shall survive the delivery of and payment for the Bonds. The approval of the Underwriters and of the Manager when required hereunder or the deter- _ mination of their satisfaction with any document referred to herein shall be in writing signed by Smith Barney, Harris Upham & Co. Incorporated and delivered to you. This'Purchase Contract shall becorne legally effective upon its acceptance by you, as evidenced by the signature of your Mayor in the space provided therefor below,"and upon the approval of this Purchase Contract by the Cor- poration, as evidenced by the signature of the President of the Corporation in the space provided therefor below. . SMTTH BARNEY, HARRIS UPHAM �I CO. INCORPORATED as Manager of the Underwriters including itself By �.-�" ".�. ,/' �.- ��--� ACCEPTED: —� Senior Vice President r CrrY oF DEcw , I ozs , By Mayor A C r APPROVED: DEcnz�vx Mr�oxrai,Hos/ Pr�,-� I / ../ . By �� y-„-ti. esident Attest: Secretary 11