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<br /> fulfillment, prior to or at the Closing, of each of the following <br /> conditions: or the waiver of such conditions by LCRA: <br /> (a) LCRA shall not have discovered any material error <br /> or omission in the representations or warranties made by CITY to <br /> LCRA. <br /> (b) CITY shall have delivered to LCRA a certificate <br /> from an officer of CITY, dated the date of the Closing, confirming <br /> the accuracy, in all material respects and as of the Closing Date, <br /> of all the representations and warranties required by this <br /> Agreement made by CITY to LCRA or, to the extent applicable, <br /> setting forth in such certificate any exceptions or qualifications <br /> necessary to make such representations and warranties accurate in <br /> all material respects as of the Closing Date: provided, however, <br /> that in the event such certificate sets forth any such exception <br /> or qualification (including without limitation, any qualification <br /> or limitation arising out of or related to any action, suit, <br /> inquiry or proceeding not set forth in the most recent financial <br /> statements and audit report of CITY delivered to LCRA), this <br /> condition to Closing shall not be deemed to have been fulfilled, <br /> unless waived by LCRA at or prior to the Closing. <br /> (c) CITY shall have performed and complied with all <br /> agreements, covenants and conditions required by this Agreement to <br /> be performed or complied with by it prior to or at the Closing <br /> provided in this Agreement. <br /> 13. <br />