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ART�CLE II Representations and Warranties Sectior� 2.1. Representations by the City. The City makEs the following representations as the basis for the undertaking on its part herein contained: (a} The City is a statutory ci#y duly organized anc� existing �nder the laws of t3�e State. Under the provisions of the Act, the City has the power to enter inta this Agreement and carry out its abligations hereunder, and execution ofthis Agreement has been du}y, properly and validly authorized by the City. (b) The City proposes to assist in financing certain Public Development Costs necessary to serve che Develapment Praperty and Minirr�um Improvements in aecordance with the terms of this Agreement. Section 22. Representations a�d Warranfies by.the Developer. The Developer represents and warrants that (a) The Developer is a nonprofit carporation organized and in good standing under the ]aws of the State, is duly authorized to transact business within the State, and has the power to enter into ihis Agreement. (b) The Devetoper will cause the Minimum Improvemertts to be constructed, operated and marntained in accordance with the terms of this Agreement, che Development Plan and all }oca�, state and fec�eral laws and regulations (including, but not limited to, environmental, zoning, buiIding cade and public health laws and regu�ations). (c) The Developer has received na notice or cammunication from any 1oca1, state or federaI official that tkae activities of the Develaper ar the City in ihe Project Area may be or will be in vio}ation of any environmental �aw ar regutation (ot�er than those notices or eommunications of which the City is aware). The De�etoper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid ctaim under any locai, state or federal environrnentai law, regalation or review procedu re. (d) The De�eloper will canstruct the Minimum Improvements in aecordance witl� all }acal, state or federa� energy-conservation laws or reg�latians. (e) The De�eloper wiil obtain, in a tirrtely manner, al! required permits, licenses and approvals, and wiil meet, in a timely manner, all requirements of aIl applicabie tocal, state and federal laws and regulations whic�� m�st be obtained or met before the Minimum Improvernents tnay be ]awfully const�-E.tcted. {� Neither the execution and delivery af this Agreement, the consummation of the transactions eontem�}ated hereby, ttor the fulfillment of or compliance with the terrr�s and conditions of this Agreement is prevented, timited by or conflicts with or results in a breac� of, the terms, conditions or provisions of any corparate restriction or any evidences of indebtedness, agreerrtent or �nstrument of whatever natt�re to which the Developer is now a party or by which it is bo�nd, or canstitutes a default under any o�the foregoing. 5