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ID (c) The Development Property is in a "tax increment financing district", <br /> which was created, adopted, certified and approved pursuant to the Tax Increment <br /> Act. <br /> (d) The Authority will, at no cost to the Authority, cooperate with the <br /> Developer with respect to any litigation commenced with respect to the <br /> Development Program, Project, or Minimum Improvements. <br /> (e) The Authority has received no notice or communication from any local, <br /> state or federal official that the activities of the Developer or the Authority in the <br /> Project Area may be or will be in violation of any environmental law or regulation <br /> or any other local, state or federal laws or regulations. The Authority is aware of no <br /> facts the existence of which would cause it to be in violation of any local, state or <br /> federal environmental law, regulation or review procedure. <br /> Section II.2 Representations by the Developer. The Developer represents <br /> that: <br /> (a) The Developer consists of Bryan L. Jones, who has the legal capacity to <br /> enter into this Agreement and perform the obligations set forth herein. <br /> • (b) The Developer will construct the Minimum Improvements in <br /> accordance with the terms of this Agreement and all local, state and federal laws <br /> and regulations (including, but not limited to, environmental, zoning, building code <br /> and public health laws and regulations), except for variances necessary to construct <br /> the improvements contemplated in the Construction Plans approved by the <br /> Authority. <br /> (c) The Developer his received no notice or communication from any local, <br /> state or federal official that the activities of the Developer or the Authority in the <br /> Project Area may be or will be in violation of any environmental law or regulation. <br /> The Developer, to the best of its knowledge, is aware of no facts the existence of <br /> which would cause it to be in violation of any local, state or federal environmental <br /> law, regulation or review procedure. <br /> (d) The Developer will, at no cost to Developer, cooperate with the <br /> Authority with respect to any litigation commenced with respect to the <br /> Development Program, Project, or Minimum Improvements. <br /> (e) Whenever any Event of Default occurs and the Authority shall employ <br /> attorneys or incur other expenses for the collection of payments due or to become <br /> due or for the enforcement of performance or observance of any obligation or <br /> agreement on the part of the Developer under this Agreement and the Authority <br /> prevails in such action or effort, the Developer agrees that it shall, within thirty <br /> 5 <br /> Beck?548540.1 <br />