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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 12:54; Jew #801 ;Page 10/39 <br /> (e) The Authority has received no notice or communication from any local, state or <br /> federal official that the activities of the Developer or the Authority in the Project Area may be or will <br /> be in violation of any environmental law or regulation or any other local, state or federal laws or <br /> regulations. The Authority is aware of no facts the existence of which would cause it to be in <br /> violation of any local, state or federal environmental law, regulation or review procedure. <br /> Section 2.2 Representations by the Developet. The Developer represents that: <br /> (a) The Developer consists of Morrell & Morrell, Inc., which 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 accordance with the <br /> terms of this Agreement and all local, state and federal laws and regulations (including, but not limited <br /> to,environmental, zoning, building code and public health laws and regulations), except for variances <br /> necessary to construct 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, state or <br /> federal official that the activities of the Developer or the Authority in the Project Area may be or will <br /> be in violation of any environmental law or regulation. The Developer, to the best of its knowledge, <br /> . is aware of no 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 /> (d) The Developer will, at no cost to Developer, cooperate with the Authority with <br /> respect to any litigation commenced with respect to the Development Program, Project, or Minimum <br /> Improvements. <br /> (e) Whenever any Event of Default occurs and the Authority shall employ attorneys or <br /> incur other expenses for the collection of payments due or to become due or for the enforcement of <br /> performance or observance of any obligation or agreement on the part of the Developer under this <br /> Agreement and the Authority prevails in such action or effort, the Developer agrees that it shall, <br /> within thirty(30)days of written demand by the Authority, pay to the Authority the reasonable fees <br /> of such attorneys and such other expenses so incurred by the Authority. <br /> ARTICLE Iii. <br /> Purposes of and Conditions for Tax Increment Assistance <br /> Section 3.1 Purposes of Tax Increment Assistance. The Developer and Authority have <br /> entered into this Agreement for tax increment assistance for the following purposes: <br /> • <br /> neckr 548664.2 5 <br />