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201007635
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Last modified
1/11/2011 2:29:15 PM
Creation date
10/18/2010 2:28:17 PM
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DEEDS
Inst Number
201007635
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�oioo�s3� <br />vvould give rise ta a Recapture Event, of which, in either event, iC shall become aware of. Upon <br />the givin� of notice to the Owner, the Authority shall also pravide copies of any such notice(s) to <br />the Tax CrediC Investor and the Lender. The failure af the Autharity to provide notice as herein <br />xequired shall not relieve the Owner of any obligation hereunder or prevent the declaration or <br />accurr�nce of a Recapture Evexit, nor shall it serve to relieve the Ovvner af any of the <br />consequences thereof. <br />Section 6.�. Preservatinn of Ri hts and Remedies <br />Any action under this Article VI will nat limit or deprive the Autharity or the Treasury <br />from exercising any other rights and rem�dies that they have under law or equity, or any rights <br />and remedies provided herein with respect ta Events of Default. <br />ARTICLE VII <br />REPRESENTATION5 AND WARRANT�ES <br />Section 7.1. Re resentations Warranties and Covenants of the Owner <br />The Owner h�reby represents, warrants and covenants to the Authority thaC the following <br />are true and correct as of Clasing and will be true and cozxect on the due date of each <br />disbursement of the Subaward, ar�d as applicable, thraughaut the Compliance Periad: <br />(a) The Uwncr is and shall cantinue to be duly organized, validly existing and in <br />goad standings under the laws of the state af its organizatian and has full power and autharity to <br />perfarm its obligations under this Agreernent. <br />(b) No ]itigation, demand, investigation, clairn or proceeding against the Owner or <br />any other litigation or proceeding directly affecCing the Pxoject is pendin� or, to the best <br />knowledge of the Owner, threatened, before any court, administrative agency or other <br />Governmental Authority that would, if adversely detez have a material adverse eFfect an <br />the Owner or the construction, use and operation of the Project. <br />(c) No default by the Owner or any affiliate thereaf lhaving any relatianship with the <br />Praject has occurred or is continuing (nor has there occurred any continuing event which, with <br />the giving of natice or the passage af time or boCh, wauld constitute such a default in any <br />material respect) under any of the financing dacuments for the Praject ar other dacuznents or <br />instrunnents governing the development, use, occupancy and operation of the Praject. <br />(d) All matcrial building, zoning, health, safety, business and ather applicable <br />certificates, permiCs and licenses necessary to permit the constructinn, use, occupancy and <br />operation of the Projcct have been or will, at the tirne reauired, be obtained and maintained <br />(other than, prior Co completion of construction of the Project or a spcci�ed portion thereof, such <br />as are issuable only upon cornpletion of construction or such specified portion thereo�; and the <br />Owner has nat received any nvtice or has any knowledge of any vialation with r�spect to the <br />Project of any law, rulc, regulation, order ar decree of any Gnvernmental Authority having <br />jurisdiction which would have a material adverse effect on the Prnject or the constructian, use or <br />occupancy thereof, except far violations which have been cured or can be cured within a.ny <br />applicable cure periad, and are in the process of being cured, and notices ar citations which have <br />-13- <br />4841 •2135-3478.2 <br />
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