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To the knowledge of the Developer(which for all purposes hereunder shall mean the actual, <br /> present knowledge of Mike Bever,without independent inquiry or investigation),there are <br /> no lawsuits either pending or threatened that would materially, adversely affect the ability <br /> of the Developer to proceed with the improvement and development of the Project in the <br /> Development Area. <br /> 9.5 Location of Project. <br /> The Project will be located within the Development Area. <br /> 9.6 Conformance with Requirements. <br /> The Developer represents and warrants that the improvement of the Project will in all <br /> respects conform to and comply with all covenants, conditions, restrictions, zoning <br /> ordinances, environmental regulations and land use regulations affecting the Project and <br /> Development Area. <br /> ARTICLE X: REPRESENTATIONS OF THE CITY <br /> The City represents,warrants and agrees as a basis for the undertakings on its part contained herein <br /> that: <br /> 10.1 Organization and Authorization. <br /> The City is a municipal corporation organized and existing under the laws of the state of <br /> Illinois, and has the power to enter into and by proper action has been duly authorized to <br /> execute, deliver and perform this Agreement. <br /> 10.2 Non-Conflict or Breach. <br /> Neither the execution and delivery of this Agreement, nor the consummation of the <br /> transactions contemplated hereby,nor the fulfillment of or compliance with the terms and <br /> conditions of this Agreement, conflicts with or results in a breach of any of the terms, <br /> conditions or provisions of any restriction, agreement or instrument to which the City is <br /> now a party or by which the City is bound. <br />