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maintained per the manufacturer's specifications at ADM's sole cost. The exact location <br /> of the meter or meters and installation shall be subject to the prior written approval of <br /> the City. These wells are being installed to supplement the water supply for the <br /> community's safety and wellbeing. The City shall convey to ADM any and all rights <br /> necessary for ADM to install under City property the laterals for the collector wells <br /> described herein. <br /> 11. Representations, Warranties, and Agreements by ADM. ADM <br /> represents, warrants and agrees to and with the City as follows: <br /> (a) That it is, and during the terms of this Agreement will be, a <br /> corporation duly organized and existing and in good standing <br /> under the laws of the State of Delaware and duly licensed to <br /> do business in Illinois; <br /> (b) That it has taken all necessary corporate and legal action to <br /> authorize the execution, delivery and performance on its part <br /> of this Agreement, and the performance hereof by it will not <br /> be in contravention of its articles of incorporation, bylaws, or <br /> any contract or agreement to which it is a party or subject; <br /> (c) That there is not now any litigation, suit or regulatory agency <br /> proceeding pending, or to its knowledge threatened, which <br /> might adversely affect its right or ability to execute this <br /> Agreement, or which might interfere with the agreements <br /> contemplated hereby; and it will promptly notify the City in <br /> 10 <br />