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The City agrees, that in consideration of that purchase price, <br />it will relocate that portion of Utility's fence and gates that <br />are now located on said property as necessary and in the same <br />manner as presently constructed when the City desires to utilize <br />said property. <br /> <br /> 6. Representations. <br /> <br /> (a) Each of the parties hereto warrants and represents <br /> <br />to the other parties that (i) it is sole and lawful owner of <br />all right, title and interest of all claims, rights, demands, <br />actions, causes of action, debts and liabilities, asserted or <br />unasserted, referenced herein~ (ii) it has not assigned, transferred <br />or conveyed to any person or entity any claim, right, demand, <br />action, cause of action, debt or liability, asserted or unasserted, <br />referenced herein~ (iii) it has the full right, power and authority <br />to enter into this Agreement and to carry out the terms hereof. <br />The City further specifically agrees and acknowledges that this <br />Agreement is valid and binding, and that the covenants and obligations <br />placed on the City do not infringe upon the City's police powers <br />or other constitutional or legal powers of government. <br /> <br /> (b) By executing this Agreement, each of the undersigned <br />representatives represents and warrants to the other party that <br />all corporate action on the part of the party for which such <br />representative is acting necessary for the legal authorization, <br />execution and delivery of this Agreement by such party has been <br />duly and validly taken and that this Agreement constitutes a <br />valid and binding obligation of such party. <br /> <br /> <br />