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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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8/20/2015 1:10:32 PM
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Resolution/Ordinance
Res Ord Num
R2012-158
Res Ord Title
AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
Approved Date
8/20/2012
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purchase contemplated hereby; and it will promptly notify the City in writing if any such <br /> litigation,suit or regulatory agency proceeding shall be instituted or threatened prior to the <br /> Closing Date. <br /> 18. Conditions to ADM's Obligations. The obligations of ADM to close under this <br /> Agreement are subject to the satisfaction of the following conditions precedent: <br /> (a) All representations and warranties of the City expressly stated on the face of <br /> this Agreement shall be true and correct as of the date of this Agreement, and shall be true <br /> and correct on and as of the Closing Date with the same force and effect as though such <br /> representations and warranties had been made on the Closing Date; <br /> (b) The City shall have fully complied with all covenants and agreements on its <br /> part to be performed.as provided under the terms and provisions of this Agreement; <br /> (c) ADM shall have received all documents and instruments required under the <br /> provisions of Paragraph 19 hereof; <br /> (d) No representation or warranty expressly stated on the face of this Agreement <br /> by City,nor any statement or certificate furnished or to be famished by the City <br /> pursuant hereto or in connection with the transaction contemplated herein, shall.contain <br /> any untrue statement of a material fact; <br /> (e) The City shall have received all necessary approvals for execution and <br /> performance of this Agreement. <br /> (f) ADM shall have received all necessary approvals for execution and <br /> performance of this Agreement. <br /> (g) ADM may order an environmental report to be conducted by an <br /> environmental engineering firin selected by ADM (the "Environmental Study").ADM <br /> shall coordinate with the environmental engineering firm regarding the scope of the <br />
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