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M <br />LEASE AND AGREEMENT <br />This LEASE AND AGREEMENT made as of this first day of December, <br />1968, by and between the CITY OF BATESVILLE, ARKANSAS ("Lessor") and <br />WESTRORT CASUALS, INC., a corporation organized under and existing <br />by virtue of the laws of the State of Arkansas ("Lessee"): <br />WITNESSETH: <br />WHEREAS Lessor is a duly organized and existing municipality, <br />a City of the first class , under the laws of the State of Arkansas with full <br />and lawful power and authority to enter into this Lease and Agreement, acting <br />by and through its City Council, in the public interest and for a public pur- <br />pose, in securing and developing industry, providing employment and adding <br />to the welfare and prosperity of the Lessor and its inhabitants, all pursuant <br />to the provisions of Act No. 9 of the First Extraordinary Session of the Sixty - <br />Second General Assembly of the State of Arkansas, approved January 21, 1960, <br />as amended ("Act No. 9"); and <br />WHEREAS Lessee is authorized under its Certificate of Incorporation <br />and By -Laws and under the laws of the State of its incorporation to enter <br />into this Lease and Agreement and to perform all covenants and obligations <br />on its part to be performed under and pursuant to this Lease and Agreement; <br />and <br />WHEREAS Lessee is not prohibited under the terms of any out- <br />standing trust indenture, deeds of trust, mortgages, loan agreements or other <br />instruments or evidences of indebtedness of whatever nature from entering <br />into this Lease and Agreement and discharging and performing all covenants <br />and obligations on its part to be performed under and pursuant to this Lease <br />and Agreement anci affirmatively so represents to Lessor; and <br />