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resolutions of its Board of Directors, and has secured <br /> all consents which are required to be obtained as of <br /> the effective date of this Franchise, to enter into <br /> and legally bind the Grantee to this Franchise and to <br /> take all actions necessary to perform all of its <br /> obligations pursuant to this Franchise; <br /> <br /> 3. This Franchise is enforceable against the <br /> Grantee in accordance with the provisions hereof; <br /> <br /> 4. To the best of such counsel's knowledge, <br /> there is no action or proceeding pending or threatened <br /> against the Grantee or any affiliated person which <br /> questions the validity or prospective validity of this <br /> Franchise, or of any essential element upon which this <br /> Franchise depends, or of any action to be taken by the <br /> Grantee or any affiliated person; and <br /> <br /> 5. Insofar as the legal capacity of the Grantee <br /> to carry out any obligation pursuant to this Franchise <br /> is concerned, the execution of, and performance <br /> pursuant to, this Franchise will not result in the <br /> breach or violation of any provision of the articles <br /> of incorporation or bylaws of the Grantee or of any <br /> statute, regulation, agreement, judgment, or decree to <br /> which it is subject. <br /> <br /> E. Within thirty (30) days of its acceptance, <br />Grantee shall also deliver any insurance certificates <br />required herein tha~ have not previously been delivered. <br /> <br />-49- <br /> <br /> <br />