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writing if any litigation, suit or regulatory agency proceeding <br /> shall be instituted or threatened; <br /> (d) That it has no contracts or agreements concerning water or <br /> wastewater service that would hinder or prevent its <br /> performance of this Agreement. <br /> 12. Representations by the City. The City makes the following <br /> representations, covenants and warranties which are true and correct on the date of this <br /> Agreement. <br /> (a) The City is a municipal corporation duly organized, validly <br /> existing and in good standing under the laws of the State of <br /> Illinois. It has the corporate power and authority to enter into <br /> this Agreement and to consummate the transactions <br /> contemplated herein; <br /> (b) The execution and delivery 9 of this Agreement and the <br /> consummation of the transactions contemplated herein have <br /> been duly authorized and approved by its City Council, and, <br /> no further action by the City is necessary for the validity and <br /> enforceability of this Agreement; <br /> (c) 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 /> 11 <br />