|
1.18 FORCE MA.IEURE. "FORCEMA.IEURP' means acts of God, including, but not
<br />Iimited'to floods, lee storms, blizzards, tornadoes, landslides, lightning, and earthquakes (but not
<br />including reasonably anticipated weather conditions for the geographic area), riots, insurrections,
<br />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 represents the foilotiving:
<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 />udder this DEVELOPMENT CGNTRACI'. DEVELOPED is not a party to or bound by
<br />any mortgage, Iien, 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 local statutes, laws, and
<br />regulations including, without limitation, permits and licenses, and any applicable zoning,
<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 threatened. claim of any such violation.
<br />CONTINUING CO1tiIPLIANCE 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 />E. 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 />order, writ, injunction, or decree of any federal, state, focal, or foreign court, department,
<br />agency, or instrumentality with. respect to the CUP.
<br />F. FULL DISCLOSURE. None of the .representatives arid warranties made
<br />by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to
<br />4
<br />
|