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represents and warrants to the other that the Agreement is currently an effective valid and binding <br /> obligation <br /> Consultant represents and warrants to City that as of the date of this Amendment No I, <br /> City is not in default of any material term of the Agreement and that there have been no events <br /> that with the passing of time or the giving of notice or both would constitute a material default <br /> under the Agreement <br /> City represents and warrants to Consultant that as of the date of this Amendment No I <br /> Consultant is not in default of any material term of the Agreement and that there have been no <br /> events that with the passing of time or the giving of notice or both would constitute a material <br /> default under the Agreement <br /> 4 Adequate Consideration The parties hereto irrevocably stipulate and agree that <br /> they have each received adequate and independent consideration for the performance of the <br /> obligations they have undertaken pursuant to this Amendment No 1 <br /> 5 Authority The persons executing this Amendment No 1 on behalf of the parties <br /> hereto warrant that (i) such party is duly organized and existing (n) they are duly authorized to <br /> execute and deliver this Amendment No I on behalf of said party (iii) by so executing this <br /> Amendment No I such party is formally bound to the provisions of this Amendment No I and <br /> (iv)the entering into this Amendment No I does not violate any provision of any other agreement <br /> to which said party is bound <br /> ]SIGNATURES ON FOLLOWING PAGE] <br /> 0120.,0006/6)3934 2 -3- <br />