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5. Any applicable public bidding requirements have been met. <br />6. All requirements of Texas law, including all counties, municipalities, villages, <br />political subdivisions, etc. thereof with respect to this Lease have been complied <br />with respect to the Lease. <br />7. There are no pending actions or proceedings to which Lessee is a party, and <br />there are no other pending or threatened actions or proceedings of which Lessee <br />has knowledge, before any public body, court, arbitrator or administrative <br />agency, which either individually or in the aggregate, would materially adversely <br />affect the transaction described in the Agreement or the ability of Lessee to <br />perform its obligations under the Agreement, or question the validity of the <br />Agreement. Further, Lessee is not in default under any material obligation for the <br />payment of borrowed money, for the deferred purchase price of property or for <br />the payment of any rent under any lease agreement which, either individually or <br />in the aggregate, would have the same such effect. <br />8. The Equipment leased pursuant to the Agreement constitutes personal property <br />and when subjected to use by Lessee will not be or become fixtures under <br />applicable law. <br />9. The Lease has been designated by the Lessee as a "qualified tax exempt <br />obligation" under Section 265(b)(3)(B) of the Code. <br />This opinion is for the sole benefit of, and may be relied upon only by you and any <br />permitted assignee or sub - assignee of Lessor, under the Agreement. <br />yours, <br />Steph nie H. Harris <br />INTERIM CITY ATTORNEY <br />