4.2. SR 04-06-1998 - Laserfiche WebLink

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be in violation of any environmental law or regulation or any other local, state or federal laws or regulations. The Authority is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure. Section 2.2 Representations by the Developer. The Developer represents that: (a) The Developer consists of Morrell & Morrell, Inc., which has the legal capacity to enter into this Agreement and perform the obligations set forth herein. (b) The Developer will construct the Minimum Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations), except for variances necessary to construct the improvements contemplated in the Construction Plans approved by the Authority. (c) The Developer his received no notice or communication from any local, state or federal official that the activities of the Developer or the Authority in the Project Area may be or will be in violation of any environmental law or regulation. The Developer, to the best of its knowledge, is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure. (d) The Developer will, at no cost to Developer, cooperate with the Authority with respect to any litigation commenced with respect to the Development Program, Project, or Minimum Improvements. (e) Whenever any Event of Default occurs and the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement and the Authority prevails in such action or effort, the Developer agrees that it shall, within thirty (30) days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. ARTICLE III. Status of Property; Public Development Costs Section 3.1 Status of Property. The Development Property is owned by Larry and Arlyce Morrell and Morrell & Morrell, Inc., respectively. The Developer and Authority have entered into this agreement in order to encourage the timely improvement of the marketability of the Current Site, and to assist the Developer's development of the Development Property, by issuing the Note to the Developer, and by reimbursing the Developer for certain costs of preparing the Development Property for development of the Minimum Improvements, all as is more specifically provided in this Agreement. BeckP 548664.1 5