R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY

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life, land,water, groundwater and air)including but not limited to any material or substance which is(i) defined as "toxic," "polluting" "hazardous waste,"hazardous material," "hazardous substance," "extremely hazardous waste," or"restricted hazardous waste"under any provision of local,Illinois,or federal law, (ii)petroleum; (iii)asbestos; (iv)polychlorinated biphenlos ("PCBs"); (v)radioactive material; (vi) designated as a "hazardous substance"pursuant to the Clean Water Act, (33 § 1321); (vii) defined as a "hazardous waste"pursuant to the Resource Conservation and Recovery Act,42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (viii) defined as a"hazardous substance"pursuant to the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S:C. § 9601 et seq. (42 U.S.C. §9601); or(ix)defined as a chemical substance under the Toxic Substances Control-Act, 15.U.S.C. Section 2601 et seq.; (x) defined as a pesticide under the Federal Insecticide,Fungicide and Rodenticide Act,7 U.S.C. Section 135 et seq. 17., Representations by ADM. ADM makes the following representations.and warranties which are true and correct on the date of this Agreement and will be true on the Closing Date: (a) ADM is, and on the Closing Date will be, a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware. It has the corporate power and authority to enter into this Agreement and to consummate the transactions contemplated herein; (b) The execution and delivery of this Agreement and the consummation of the transactions contemplated herein have been duly authorized and approved by its Board of Directors,and no-further action by ADM is necessary for the validity and.enforceability of this Agreement; (c) There is not now any litigation,suit,or regulatory agency proceeding pending, or to ADM's knowledge threatened,which might interfere with the sale and