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01/25/2011 Resolutions 2011-23RESOLUTION 2011-23 WHEREAS, Ameritas consents to Baird Holm LLP representing the City in connection with its Bond Issues and that Baird Holm LLP will not be representing the interests of Ameritas in the City's Bond Issues; and WHEREAS, Ameritas understands that Baird Holm LLP will not be able to share any confidential information it might obtain in connection with the City's Bond Issues without the consent of the City; and WHEREAS, In the event of litigation or a contentious dispute between Ameritas and the City in connection with any of the City's Bond Issues, Baird Holm LLP would not represent any party in such dispute; and WHEREAS, In the event of such contentious dispute or litigation, Baird Holm LLP would withdraw as counsel for the City with respect to such matter; and WHEREAS, Leading up to, during and after Baird Holm's representation of the City in connection with the City's Bond Issues, (1) Baird Holm LLP may continue to represent Ameritas on matters unrelated to the City and the City's Bond Issues, and (2) Baird Holm LLP may represent the City on matters unrelated to the City's Bond Issues; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The attached letter accurately sets forth the understanding among Baird Holm LLP, Amiertas and the City of Grand Island and our consent to and waiver of Baird Holm LLP's representation. The Mayor is so authorized to sign the Consent and Waiver document. Adopted by the City Council of the City of Grand Island, Nebraska, January 25, 2011. z Mayor Attest: RaNae Edwards, City Clerk Approved as to Form o January 24, 2011 A City Attorney