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(d) That,it has,or will have in the case of any additions to the North Plant between the date <br /> hereof and the Closing Date,good and marketable title to the assets to be sold,and it will have <br /> such title on the Closing Date;such title on the Closing Date will be unencumbered or proper <br /> provision will have been made for payment and release of any existing encumbrances; <br /> (e) That there is not now any litigation,suitor regulatory agency proceeding pending,or <br /> to its knowledge threatened, which might adversely affect its right or ability to execute <br /> this Agreement or its title to,right to ,possession of, or right to use the North Plant, or <br /> which might interfere with the sale and purchase contemplated hereby; and it will <br /> promptly notify ADM in writing if any litigation,suit or regulatory agency-proceeding <br /> shall be instituted or threatened prior to the Closing Date; <br /> (f) That it shall permit ADM's counsel, engineers or other representatives reasonable <br /> access during normal business hours,throughout the period prior to the Closing Date,to <br /> all real.estate to be conveyed to ADM, and to all engineering plans and records,.surveys, <br /> plats,contracts; agreements; and all other documents relating in any way to said real <br /> estate; <br /> (g) It is expressly understood that the City makes no representation or warranty with <br /> respect to the physical condition of the North Plant to be conveyed to ADM other than that <br /> stated herein;and that,subject to the terms hereof,the assets to be conveyed to ADM are <br /> sold and transferred "as is". <br /> (h) That the City has obtained all necessary permits,licenses and other approvals for the <br /> ownership and operation of the North Plant system,including those relating to pollution <br /> or protection of the environment. <br /> (i) That the City shall permit ADM's counsel,accountants, and other representatives <br /> reasonable access,.at the convenience of the City, during normal business hours <br /> throughout the period prior to the Closing Date,to all properties to be conveyed to ADM; <br />