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(e)..3~The 'City makes the following representations <br />and warranties: <br /> <br /> (ii The City is a municipal corporation of the <br />Commonwe-alth Of Virginia and is duly 'authorized by the <br />of such Commonwealth .to acquire, construct' and install <br /> <br />the <br /> <br /> (ii}' Ail conditions, acts 's, including . <br />governmental approvals, required bythe ~sws o~ suc~ <br />~ ~/~Commonwealth .to exist, to happen and to De per~ormea <br />~, ?precedent ~o the~undertakings of ~the City to acquire, <br /> -~onstruct'and install the Project'havehappened and have <br /> <br />~ (iii) <br />commitment <br />a portion of the costs of the acquisition, construction <br />and installation of the Pro )- <br /> <br /> (iv) The City has employ~ Consulting Engineer <br />to design-the Projec~,~ to supervise letting of <br /> <br /> As used in.this Resolution, the term~,,Consulting Engineer" <br /> shall mean Greeley & Hansen, Richmond;~Virginia, or the <br /> consulting engineer' or consulting engineering firm <br /> succeeding such firm.s consulting engineer to the City in <br /> connectionwith~the acquisition, construction and install- <br /> ation of the Pro' <br /> <br /> (v) The'consummation of the transactions hereby <br /> contemplated Will not result in any breach of, or constitute <br />~a default ~i~der, any rules of procedure of the City or other <br /> instrument ~0 ~hich the City is a party or by which it may <br /> be bound or affected. .. · 1 <br /> <br /> (vi) There are no actions, suits or proceedings <br /> pending, or to the knowledge of the City threatened, against <br /> or affecting the City or.the Project} or involving the <br /> validity or enforceability of the Notes or'this Resolution <br /> at law or in equity, or before or by any governmental <br /> authority. <br /> <br />(f) The City covenants and agrees as follows: <br /> <br /> (i) The City shall not take any action or permit <br />any even~ or condition to happen or exist which'constitutes <br />an Event of Default under the terms of this Resolution or <br />a default under the terms of the EPA Commitment. <br /> <br /> <br />