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<br />accordance with the terms of this Agreement, the Development Plan and all local, state and <br />federa1laws and regulations (including, but not limited to, environmental, zoning, building code <br />and public health laws and regulations), subject to variances necessary to construct the <br />improvements contemplated in the Construction Plans approved by the City. <br /> <br />(c) Except for facts disclosed in any environmental assessment or report prepared on <br />behalf of the City or the DeveloPer, the Developer has received no notice or communication <br />from any local, state or federal official that the activities of the Developer or. the City in the <br />Project Area may be or will be in violation of any environmental law or regulation, and the <br />Developer, to the best of its knowledge, is aware of no facts the existence of which would cause <br />it to be in violation of any local, state or federal environmental law, regulation or review <br />procedure. <br /> <br />(d) The Developer will cooperate with the City with respect to any litigation <br />commenced with respect to the Development Plan, Project, Minimum Improvements or Public <br />Improvements. <br /> <br />(e) The Developer would not be able to construct the Minimum Improvements but for <br />the execution of this Agreement and the tax increment and other assistance to be provided <br />hereunder. <br /> <br />(f) 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 federa1laws and regulations which must be obtained or met before <br />the Minimum Improvements may be lawfully constructed. <br /> <br />(g) 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 (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 />instrument of whatever nature to which the Developer is now a party or by which it is bound, or <br />constitutes a material default under any of the foregoing. <br /> <br />(h) The Developer' will cooperate fully with the City in determining a mutually <br />acceptable resolution of any traffic, parking, trash removal or public safety problems which may <br />arise in connection with the construction and operation of the Minimum Improvements. <br /> <br />9 <br />