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<br />5. To the best of my knowledge, there is no litigation or proceeding pending before any court, <br />administrative agency or governmental body, that challenges: the organization or existence of the <br />Lessee; the authority of its officers; the proper authorization, approval and execution of any of the <br />Agreements or any documents relating thereto; the appropriation of moneys to make payments under <br />the Agreements for the current fiscal year; or the ability of the Lessee otherwise to perform its <br />obligations under the Agreements and the transactions contemplated thereby. <br /> <br />6. The Lessee is a political subdivision of the State as referred to in Section 103 of the Internal <br />Revenue Code of 1986, as amended, and the related regulations and rulings thereunder. <br /> <br />Sincerely, <br /> <br />~<6~ <br /> <br />Mark B. Taylor <br />City Attorney <br />