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<br />ARTICLE II <br /> <br />REPRESENTATIONS AND WARRANTIES <br /> <br />Section 2.1 Representations and Warranties of the City. The City makes the following <br />representations and warranties: <br /> <br />(1) The City is a municipal corporation and a political subdivision of the State and <br />has the power to enter into this Agreement and carry out its obligations hereunder. <br /> <br />(2) The Tax Abatement Program was created, adopted and approved in accordance <br />with the terms of the Tax Abatement Act. <br /> <br />(3) The City has made the findings required by the Tax Abatement Act for the Tax <br />Abatement Program. <br /> <br />Section 2.2 Representations and Warranties of the Developer. The Developer makes the <br />following representations and warranties: <br /> <br />(1) The Developer is a corporation validly existing under the laws of this State and <br />has the power to enter into this Agreement and to perform its obligations hereunder and is not in <br />violation of its articles, bylaws or any local, state or federal laws. <br /> <br />(2) The Developer will cause the Project to be constructed in accordance with the <br />terms of this Agreement and all local, state and federal laws and regulations (including, but not <br />limited to, environmental, zoning, energy conservation, building code and public health laws and <br />regulations). <br /> <br />(3) The Developer will obtain or cause to be obtained, in a timely manner, all <br />required permits, licenses and approvals, and will meet, in a timely manner, all requirements of <br />all applicable local, state, and federal laws and regulations which must be obtained or met before <br />the Project may be lawfully constructed <br /> <br />(4) The construction of the Project in the City would not be undertaken by the <br />Developer without the assistance and benefit to the Developer provided for in this Agreement. <br /> <br />(5) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and <br />conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, <br />the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which it <br />is bound, or constitutes a default under any of the foregoing. <br /> <br />(6) The Developer will cooperate fully with the City with respect to any litigation <br />commenced with respect to the Project but only to the extent that the City and the Developer are <br />not adverse parties to the litigation. <br /> <br />1970792v3 <br /> <br />3 <br />