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�, ,. ', � <br /> , � , , <br /> unencumbered or proper provision will have been made for <br /> payment and release of any existing encumbrances; <br /> (e) 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 its <br /> title to, right to , possession of, or right to use the North Plant, or <br /> which might interfere with the sale and purchase contemplated <br /> hereby; and it will promptly notify ADM in writing if any <br /> litigation, suit or regulatory agency proceeding shall be instituted <br /> or threatened prior to the Closing Date; <br /> (� That it shall permit ADM's counsel, engineers or other <br /> representatives reasonable access during normal business hours, <br /> throughout the period prior to the Closing Date, to all real estate to <br /> be conveyed to ADM, and to all engineering plans and records, <br /> surveys, plats, contracts; agreements; and all other documents <br /> relating in any way to said real estate; <br /> (g) It is expressly understood that the City makes no representation or <br /> warranty with respect to the physical condition of the North Plant <br /> to be conveyed to ADM other than that stated herein; and that, <br /> subject to the terms hereof, the assets to be conveyed to ADM are <br /> sold and transferred "as is". <br /> (h) That the City has obtained all necessary permits, licenses and other <br /> approvals for the ownership and operation of the North Plant <br /> system, including those relating to pollution or protection of the <br /> environment. <br /> -11- <br />