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INTERSTATE 457 AMENDED AND RESTATED DEFERRED COMPENSATION INVESTMENT, DEPOSIT AND ADMINISTRATIVE SERVICES AGREEMENT THIS AGREEMENT is made effective as of the 1 day of December , 1994 by and between FIRST INTERSTATE BANK OF CALIFORNIA ("FICAL"), a California banking corporation, and the City of Pleasanton, ("CLIENT"). WHEREAS, CLIENT has established an Employees' Deferred Compensation Plan (the "PLAN") which is an eligible deferred compensation plan under Internal Revenue Code Section 457 ("IRC §457"), funded solely by the contributions of eligible participants; WHEREAS, CLIENT has entered into a Deferred Compensation Investment and Administrative Services Agreement (the "SSB Agreement") with Sacramento Savings Bank ("SSB"); WHEREAS, FICAL and SSB have entered into an agreement and plan of merger pursuant to which SSB shall be merged into FICAL; WHEREAS, FICAL offers certain administrative and investment services to deferred compensation plans through its Interstate 457 service ("Interstate 457"); WHEREAS, CLIENT is empowered by the PLAN to invest the funds deferred under the PLAN (the "FUNDS") and desires to utilize the administrative, deposit and investment services of FICAL, pursuant to the terms of this Agreement; WHEREAS, CLIENT has designated an authorized representative for the PLAN to serve as liaison to FICAL ("PLAN ADMINISTRATOR"); and, WHEREAS, CLIENT and FICAL intend by this Agreement to amend and restate the SSB Agreement in its entirety. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, the parties do hereby agree as follows: I. APPOINTMENT OF FICAL/TRANSFER AND CUSTODY OF FUNDS 1. CLIENT hereby appoints FICAL, and FICAL accepts such appointment, to provide certain administrative and investment services to the PLAN, as provided herein. 2. CLIENT will transfer to FICAL only that portion of the FUNDS which CLIENT intends to invest with FICAL. Such transfers shall be made in accordance with FICAL's published Interstate 457 Payroll Deferral procedures, as in effect from time to time.