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(d) That it has no contracts or agreements concerning water or <br /> wastewater service that would hinder or prevent its performance of <br /> this Agreement. <br /> 12. Representations by the CitX. The City makes the following representations and <br /> warranties which are true and correct on the date of this Agreement. <br /> (a) The City is a municipal corporation duly organized, validly <br /> existing and in good standing under the laws of the State of <br /> Illinois. It has the corporate power and authority to enter into this <br /> Agreement and to consummate the transactions contemplated <br /> herein; <br /> (b) The execution and delivery of this Agreement and the <br /> consummation of the transactions contemplated herein have been <br /> duly authorized and approved by its City Council, and, no further <br /> action by the City is necessary for the validity and enforceability <br /> of this Agreement; <br /> (c) 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 mi ht interfere with the lease contem lated hereb ; and it <br />� g P Y <br /> will promptly notify ADM in writing if any litigation, suit or <br /> re ulato a enc roceedin shall be instituted or threatened. <br /> g rY g Y P g <br /> 9 <br />