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P. <br />has all requisite power and authority to enter into and <br />perform its obligations under the Agreement, (iii) that <br />execution, delivery and perormance by Welsh of the Agreement <br />do not, and will not, result in a materiar. breach of any <br />agreement or -instrument to which Welsh is a party, or its <br />articles or bylaws, or any order, judgment, law► statute, <br />rule or regulation applicable to Welsh or the Welsh Parcel, <br />which w,ll+materially and adversely affect its ability <br />to perforir, its obl:gat_o:.s under the Agreement, and (iv) <br />that there is no action, suit or proceeding pending, or <br />to the best knowledge of the law firm after reasonable <br />investigation, threatened, by or before any court or <br />agency or authority, which, dete_;�_ned <br />gover �':ie: ta:. adverse effect <br />adve: sely to Welsh, might have a sr,ater c:.=1 <br />an the ability of Welsh to perfor:, its obligations %:nde- <br />the. Agreement. <br />v t:le !orego;ng conti.ngenc:es are not fulfillad <br />by the time and dates above stated, Eguitabae shall have <br />,��= pzoceew w;th the provsle:.s <br />the ...Ch.t ...o refuse COto sign, <br />of , the Agreer.-tAt without any l:.ty ow. obligat .on of <br />any k.nd to we: sh . <br />'fiery tr%a.y ya'J"s <br />OF UE UNT StiATIS <br />By. £cuiti.abl,d Rod! E tato <br />xceepwance <br />' Vf.ace # <br />provas.o" : �g: <br />