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would be to increase the aggregate capacity of all of ADM's groundwater wells to in excess of <br /> 3.0 MGD. ADM shall not sell or deliver water from these wells to any other person or use the <br /> water for any other purpose. <br /> 11. Representations, Warranties, and Agreements by ADM. ADM represents, <br /> warrants and agrees to and with the City as follows: , <br /> (a) That it is, and during the terms of this Agreement will be, a <br /> corporation duly organized and existing and in good standing <br /> under the laws of the State of Delaware and duly licensed to do <br /> business in Illinois; <br /> (b) That it has taken all necessary corporate and legal action to <br /> authorize the execution, delivery and performance on its part of <br /> this Agreement, and the performance hereof by it will not be in <br /> contravention of its articles of incorporation, bylaws, or any <br /> contract or agreement to which it is a party or subject; <br /> (c) That there is not now any litigation, suit or regulatory agency <br /> proceeding pending, or to its knowledge threatened, which might <br /> adversely affect its right or ability to execute this Agreement, or <br /> which might interfere with the agreements contemplated hereby; <br /> and it will promptly notify the City in writing if any litigation, suit <br /> or regulatory agency proceeding shall be instituted or threatened; <br /> 8 <br />