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<br />ARTICLE II <br /> <br />REPRESENT ATIONS, 'W ARRANTIES AND COVENANTS <br /> <br />Section 2.1. Representations and Covenants by the City. The City makes the following <br />representations and covenants as the basis for the undertaking on its part herein contained: <br /> <br />(a) The City is a municipal corporation duly organized and existing under the laws of <br />the State. Under the provisions of the Act, the City has the power to enter into this Agreement and <br />carry out its obligations hereunder. <br /> <br />(b) The City has created, adopted and approved the Project Area in accordance with <br />the terms of the Act. <br /> <br />(c) The City will undertake, in good faith, to comply with all statutory requirements <br />of the ~ct relating to the creation of the Tax Increment District. <br /> <br />(d) The City will cooperate with the Redeveloper to obtain, in a timely manner, all <br />required permits, licenses and approvals for the Minimum Improvements and the Construction <br />Plans. <br /> <br />(e) .The City proposes to assist the Redeveloper for the costs of Public Improvements <br />and Site Improvements in accordance with the Plan and this Agreement. <br /> <br />(f) The City will assist the Redeveloper in seeking available grants and other funding <br />sources. <br /> <br />(g) The City proposes to issue the Tax Increment Bonds and the Tax Increment Notes <br />in accordance with the provisions of this Agreement and to pledge Tax Increment to the payment <br />of the principal of and interest on the Tax Increment Bonds and the Tax Increment Notes <br />according to their terms. <br /> <br />(h) The City has made no representation or warranty as to the likelihood that the City <br />will prevail in the pending Friends of Twin Lalces litigation or with respect to any legal challenge <br />to the Project that may be brought in the future. The City will cooperate with the Redeveloper <br />and will use its best efforts, including demanding that adverse parties in such litigation post <br />bonds or other security as allowed by law, to achieve an outcome which permits the Project to <br />proceed with respect to this and any other litigation commenced by third parties in connection <br />with this Agreement or the transactions contemplated herein. <br /> <br />(i) The City will act in good faith to take all actions possible to carry out the terms of <br />this Agreement. <br /> <br />7 <br />