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<br />BROOKINGS- TWIN CITIES DEVELOPMENT PROJECT AGREEMENT <br /> <br />resolution, indenture, mortgage, deed of trust or other agreement to which the <br />Participant is a party or by which it or its property is bound. <br /> <br />(g) Approvals. All approvals, consents or authorizations of, or registrations or filings <br />with, any governmental or public agency, authority or person required on the part of <br />the Participant in connection with the execution, delivery and performance of this <br />Agreement have been obtained or made. <br /> <br />(h) Litigation. To the knowledge of such attorney or firm of attorneys after due inquiry, <br />there is no litigation or other proceedings pending or threatened in any court or other <br />tribunal of competent jurisdiction (either State or Federal) questioning the creation, <br />organization or existence of the Participant or the validity, legality or enforceability <br />of this Agreement. <br /> <br />C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 42 <br />clean.doc <br />