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ARTICLE II <br />REPRESENTATIONS AND WARRANTIES <br />Section 2.1 Representations and Warranties of the City. The City makes the following <br />representations and warranties: <br />I) The City is a municipal corporation and a political s~~~yision of the State and <br />has the power to enter into this Agreement and carry out its obligat~jsnereunder. <br />2) The Tax Abatement Program was created, ad~ted~~approved in accordance <br />with the terms of the Tax Abatement Act. ~ <br />terms <br />limited to, <br />regulations). <br />3) To finance the costs of the Project <br />proposes, subject to the further provisions of <br />reimburse the Developer for a portion of the <br />provided in this Agreement. <br />by the::':l;)eyeloper, the City <br />to apply the tax~~baJements to <br />propetty as further <br />4) The City has made the <br />Abatement Program. <br />Abatement Act for the Tax <br />Section 2.2 <br />following representations and warranties: <br />The Developer makes the <br />I) <br />obligations <br />federal laws. <br />Agreement and to perform its <br />its articles or bylaws or any local, state or <br />existing under the laws of this State and <br />carry out the covenants contained herein. <br />Project to be constructed in accordance with the <br />and federal laws and regulations (including, but not <br />energy conservation, building code and public health laws and <br />4) The will obtain or cause to be obtained, in a timely manner, all <br />required permits, and approvals, and will meet, in a timely manner, all requirements of <br />all applicable local, and federal laws and regulations which must be obtained or met before <br />the Project may be lawfully constructed <br />5) The construction of the Project would not be undertaken by the Developer, and in <br />the OpInIOn of the Developer would not be economically feasible within the reasonably <br />foreseeable future, without the assistance and benefit to the Developer provided for in this <br />Agreement. <br />2045533v2 3