Laserfiche WebLink
labor strikes -or work stoppages; unavailability of essential materials, war or civil disorder affecting <br />the performance of work, blockades, power or other utility failures, and fires or explosions. <br />1.19 DEVELOPER WARRANTIES. "DEVELOPER 'WARRANTIES" means that <br />the DEVELOPER hereby warrants. and. representsthe following; <br />A. AUTHORITY. DEVELOPER has the right, power, legal capacity, and <br />authority to enter into and perform its obligations under this DEVELOPMENT <br />CONTRACT, and no approvals or consents of any persons are necessary in connection <br />with the. authority of DEVELOPER to enter into and perform its obligations under this <br />DEVELOPMENT CONTRACT. <br />B. NO DEFAULT. DEVELOPER is not in default under any lease, contract <br />or agreement to which it is a party or by which it is bound which would affect performance <br />under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by <br />any mortgage; lien, lease, agreement, instrument, order; judgment, or decree which would <br />prohibit the .execution or performance of this DEVELOPMENT CONTRACT by <br />DEVELOPER or prohibit any of the transactions provided for in this.DEVELOPMENT <br />CONTRACT, <br />C. PRESENT COMPLIANCE WITH LAWS.. DEVELOPER has. complied <br />with and is not in violation of applicable federal, state; or focal statutes, laws, and <br />regulations including, without limitation, permits and licenses, and any applicable coning; <br />environmental, or other law, ordinance, or regulation materially affecting the CUP and the <br />DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER <br />is not aware of any pending or threatened .claim of any such violation. <br />D. CONT.INUING COMPLIANCE WITH LAWS. DEVELOPER .will <br />comply with all applicable federal, state; and local statutes, laws, and regulations including, <br />without limitation, permits and licenses and any applicable zoning; environmental, or other <br />law,:ordinance, or regulation affecting the CUP and the DEVELOPMENT PLANS and the <br />DEVELOPER IMPROVEMENTS. <br />& NO LITIGATION. There is no suit, action, arbitration, or legal, <br />administrative, or other proceeding or governmental investigation pending; or threatened <br />against or. affecting DEVELOPER or the CUP or the DEVELOPMENT PLANS or the <br />DEVELOPER IMPROVEMENTS. DEVELOPER is. not in. default with respect to any <br />eider, writ, injunction, or decree. of any federal, state, Iocal, or foreign court, department, <br />agency, or instrumentality with respect to the CUP. <br />F. FULL DISCLOSURE. None of the representatives and warranties made <br />by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to <br />be furnished by DEVELOPER contains any untrue statement of material factor omit any <br />material fact the omission of which would be misleading: <br />