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ARTICLE II <br /> <br />REPRESENTATION AND UNDERTAKINGS <br /> <br /> Section 2.1. By the Developer. The Developer makes the following representations and <br />undertakings: <br /> <br />(a) The Developer has the legal authority and power to enter into this Agreement. <br /> <br /> (b) The Developer will construct the Minimum Improvements in accordance with the <br />terms of this Agreement, the Program, the TIF Plan, and all local, state and federal laws and <br />regulations. <br /> <br /> (c) Upon completion of the Minimum Improvements, the Developer will operate and <br />maintain, or cause to be operated and maintained, the Minimum Improvements until the Maturity <br />Date. <br /> <br /> (d) That Minimum Improvements will be permitted uses under City ordinance, and <br />will be constructed in conformity with the Program and TIF Plan, and will be constructed by the <br />Developer at a minimum market value of at least $3,000,000. <br /> <br /> (e) The Developer has received no notice or communication from any local, state or <br />federal official that the activities of the Developer or the City in the Development District may <br />be, or will be, in violation of any environmental law or regulation. The Developer is aware of no <br />facts, the existence of, which would cause it to be in violation of or give any person a valid claim <br />under any local, state or federal environmental law, regulation or review procedure. <br /> <br /> (f) Subject to unavoidable delays, the Developer will obtain, 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 /> (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, or results in a breach of <br />the terms, conditions, or provisions of any corporate restriction or any evidences of indebtedness, <br />agreement or instrument of whatever nature to which the Developer is now a party or by which <br />the Developer is bound, or constitutes a default under any oft'tie foregoing. <br /> <br /> (h) The Developer will cooperate with the City with respect to any litigation, other <br />than litigation in which the City and the Developer are adverse parties, commenced with respect <br />to the TIF Plan, the Program, or Minimum Improvements. <br /> <br />-143- <br /> <br /> <br />