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<br />. <br /> <br />discrimination, shall be considered a part of this Agreement as <br />though wholly set forth herein. <br /> <br />ARTICLE 10 <br /> <br />Developer's Acknowledgments. Representations. and Warrants <br /> <br />SECTION 10.1. ACKNOWLEDGMENTS. The Developer acknowledges <br />that the City, in order to obtain funds for part of the City's <br />activities in connection with the project, has applied for a <br />Small Cities Development Program (SCDP) Grant (the "Grant") to <br />the Commissioner of the Minnesota Department of Trade and <br />Economic Development (the "Commissioner") under the Small Cities <br />Development Program, Community Development Division, and that the <br />City will be entering into the Grant Agreement with the <br />Commissioner setting forth the terms, conditions, and <br />requirements as to the Grant. <br /> <br />The Developer further acknowledges that the Developer has <br />made certain representations and statements as to those <br />activities of the Project to be carried out and completed by the <br />Developer which were contained in and made part of the <br />application for. the Grant and that the Developer is designated <br />and identified under the Grant Agreement. <br /> <br />. <br /> <br />A copy of the Grant Agreement shall be on file in the office <br />of the City Clerk. In the event any provision of this Agreement <br />relating to the Developer's obligation hereunder shall be <br />inconsistent with the provisions of the Grant Agreement relating <br />to the Developer's activities thereunder, the provisions of the <br />Grant Agreement shall prevail. <br /> <br />The Developer acknowledges that nothing contained in the <br />Grant Agreement or this Agreement, nor any act of the <br />Commissioner or the City shall be deemed or construed to create <br />any relationship or third-party beneficiary, principal and agent, <br />limited or general partnership, or joint venture, or of any <br />association or relationship involving the Commissioner. <br /> <br />SECTION 10.2. REPRESENTATIONS AND WARRANTIES. Developer <br />warrants and represents, in connection with the Grant and for the <br />benefit of the Commissioner and the City, that: <br /> <br />(a) The representations, statements, and other matters <br />provided by the Developer relating to those activities of the <br />Project to be completed by the Developer, which were contained in <br />the application for the Grant, were true and complete in all <br />material respects as of the date of submission to the City and <br />that such representations, statements, and other matters are true <br />as of the date of this Agreement. <br /> <br />. <br /> <br />(b) To the best of the Developer's knowledge, no member, <br />officer, or employee of the City or its designee$ or agents, no <br />consultant, member of the governing body of the City, and no <br /> <br />9. <br />