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zoloo�s�� <br />would give rise to a Recapture Event, af which, in either event, it shall become aware of. Upon <br />the giving af notice to thc awner, the Authority shall also provide copies af any su.�h notice(s) to <br />the Tax Credit Inrrestor. The failur� of the Autharity to provide natice as herein required shall <br />npt reliev� the Owner of any obligation hereunder or prevent the declacativn or occurrence of a <br />Recapture Event, nor shall it serve to relieve the Owner of any of the cansequences thereof. <br />Section 6.4. Prese�'vat�on of, Ris�bt� and Remedies <br />Any action und�r this Articic VI will not limit or deprive the Authority or the Treasury <br />fram exercising any other ri�;hts and remedies that they have under law ar equity, or any rights <br />and remedies provided herein with respect to Events af Default. <br />ARTICLE VII <br />REPRESENTATIONS ANU WARRANTTES <br />Section 7.1. Re r sentations Warranties �nd Covenants otthe Owner <br />The Owner heceby represents, warrants and covenants to the Authority that the following <br />are true and correct as of Closing and will be true and correct on the due date of each <br />disbursement o�'the Subaward, and as applicable, throughout the Compliance Period: <br />(a) The Owner is and shall continue to be duly organized, validly �xisting and in <br />good standings under the laws of the state of its organization and has full power and autharity to <br />perform its obligations ur�der this A$reement. <br />(b) No litigatian, demand, investigation, claim or proceeding against the Qwn�r or <br />any other litigation or proceeding directly affecting the Project is pending or, to the best <br />knowledge af the Qwner, threatened, b�fore any caurt, administrative agency or other <br />Governmental Authority that would, if adversely determined, have a material adverse effect on <br />th� Qwt�er or the construction, use and aperakion of the Project. <br />(c) No default by the Owner or any affiliate ther�of having any relationship witi�, the <br />Project has occuned ar is eontinuing (nar has there occurred any continuing event which, with <br />the giving of notice ox the passage of time or both, would constitute such a default in any <br />material respect) under any of the financing dacuments for the Project or other docwmez�,t� or <br />ianstruments governing khe dev�lppment, use, occupancy and operation af the Project. <br />(d) All material building, zonin�, health, safety, business and other applicable <br />certificates, permits and licenses necessary to p�rmit the construction, use, occupaticy and <br />operatian of the Pr�oject have been ar will, at the time required, be obtained and maintained <br />(other than, prior to completion ofcanstruction of the Project or a specified portion thereof, such <br />as ar� issuable only upan completion of construction or such specified partian thereot); a�d the <br />4wner has not recei�ved any notice or has any knowledge of any violahon with respect to the <br />Project of any law, rulc, regulation, order or decree of any Governmental Authority having <br />jwisdictian which would have a material advcrse effect on the Project or the canstruction, use or <br />occupancy thereof, except for vialations which have been cured or can be cured wittun any <br />applicable curc period, and are in the process of being cured, and notices or citations which have <br />_ �3 _ <br />4848-2332-1094_2 <br />