R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY

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and to execute such additional bills of sale,deeds,easements, assignments or other papers upon the written request of ADM. 25. Survival of Warranties and Representations.Any warranty expressly stated upon the face of this Agreement shall survive the Closing Date hereunder notwithstanding any investigation made by or on behalf of ADM or the City.Each and every representation,covenant and agreement made in this Agreement,or pursuant thereto,shall survive the Closing Date hereunder notwithstanding any investigation made by or on behalf of ADM or the City. 26. No Broker Involved.The parties hereto acknowledge that no finder or broker.is involved in this transaction. 27. Hold Harmless.The City shall save and:hold harmless ADM and its directors, officers, employees,attorneys,representatives and agents from any and all-claims,suits and judgments,including litigation expenses and attorneys'fees,relating in any way to the authority,propriety.or appropriateness of the City executing or performing this Agreement or as.a result of the breach of any obligation,covenant, representation or warranty of the-City set forth in this Agreement or arising from any claim of the City's bondholders.ADM shall save and hold the City and its Mayor, City Counsel, officers, employees, attorneys,representatives and agents from any and all claims, suits,and judgments,including litigation expenses and attorneys'fees,.relating in any way to the authority,propriety or appropriateness of ADM executing orperforrining this Agreement or as the result.of the breach of any obligation, covenant,representation or warranty of ADM set forth in this Agreement. 28. Closing Costs. Each party shall pay its respective legal fees and expenses, closing costs and title charges incurred in connection with the preparation, execution and performance of this Agreement-and the-Closing: - 29. Publicity. The parties agree to make no public statement with-respect to this Agreement or the transactions contemplated thereby until a joint press release,which the City shall draft, shall be issued.