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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 political subdivision organized under the <br />provisions of the Constitution, and laws of the State and has the power to enter into this <br />Agreement and carryout its obligations hereunder. <br /> <br />(2) The Tax Increment Districts are each a "Development District" within the <br />meaning of Minnesota Statutes, Section 469.174, Subdivision 10, and was created, adopted and <br />approved in accordance with the terms of the Tax Increment Act. <br /> <br />(3) The development contemplated by this Agreement is in conformance with the <br />development objectives set forth in the respective Construction Plans and the Tax Increment <br />Financing Plans. <br /> <br />(4) Except as set forth in the Purchase Agreement, the City makes no representation <br />or warranty, either expressed or implied, as to the environmental condition of the Development <br />Property. <br /> <br />Section 2.2. Representations and Warranties of the Developer. The Developer makes <br />the following representations and warranties: <br /> <br />(1) The Developer has power to enter into this Agreement and to perform its <br />obligations hereunder and is not in violation of any provisions of the laws of the State; and <br /> <br />(2) Subject to the terms of the Development Agreement, the Developer will cause the <br />Minimum Improvements to be constructed, operated and maintained in accordance with the <br />terms of this Agreement, the Development Plan and all local, state and federal laws and <br />regulations (including, but not limited to, environmental, zoning, energy conservation, building <br />code and public health laws and 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 Minimum Improvements may be lawfully constructed. <br /> <br />(4) 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 ofthis Agreement is prevented, limited by or conflicts with (unless all necessary <br />waivers, consents or the like have been obtained) or results in a breach of, material terms, <br />conditions or provision of any contractual restriction, evidence of indebtedness, agreement or <br /> <br />10 <br />