04-26-2023 Council Packet - Laserfiche WebLink

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77060900v2 14 or Support Terrorism, as amended. It shall constitute an Event of Default hereunder if the foregoing representation and warranty shall ever become false. Section 5.19 No Broker. The Borrower has used no broker in connection with the execution hereof and the transactions contemplated hereby. Notwithstanding the foregoing, the Borrower acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grants the Borrower the right to receive brokerage confirmations for certain security transactions as they occur, the Borrower specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish to the Borrower periodic cash transaction statements that include detail for all investment transactions made by the Fiscal Agent. Section 5.20 Construction Contract; Architect’s Agreement. The Construction Contract and the Architect’s Agreement are each in full force and effect, and the parties thereto are in full compliance with their respective obligations thereunder. The work to be performed by the Contractor under the Construction Contract is the work called for by the Plans and Specifications, and all Work required to complete the Improvements in accordance with the Plans and Specifications is provided for under the Construction Contract. Section 5.21 Development Budget. The Development Budget attached hereto as Schedule 3 accurately reflects as of the date of execution and delivery of this Agreement: (i) all anticipated costs of implementing and completing the Work within the Plans and Specifications and (ii) anticipated uses by source allocations for the purpose of complying with Section 142(a) of the Code. Section 5.22 Plans and Specifications. The Borrower has furnished the Governmental Lender, the Controlling Person and the Funding Lender with true and complete sets of the Plans and Specifications. The Plans and Specifications so furnished to the Governmental Lender, the Controlling Person and the Funding Lender comply with all Legal Requirements, all Governmental Actions, and all restrictions, covenants and easements affecting the Project Facilities, and have been approved by the Investor Limited Partner and such Governmental Authority as is required for renovation of the Project Facilities. Section 5.1 Survey. To the Borrower’s knowledge, the survey for the Project Facilities delivered to the Controlling Person and the Funding Lender does not fail to reflect any material matter of survey affecting the Project Facilities or the title thereto. Section 5.3 Flood Plain. No part of the Project Facilities is located in an area identified by the Federal Emergency Management Agency as an area having special flood hazard or to the ex tent any part of the Project Facilities is an area identified as an area having special flood hazard, flood insurance in an amount equal to 100% of the appraised insurable value of the Project Facilities has been obtained by the Borrower. Section 5.4 [Intentionally Omitted.] Section 5.5 Requisition. Each Requisition submitted to the Controlling Person shall constitute an affirmation that the representations and warranties of the Borrower contained in this Agreement and in the other Funding Loan Documents remain true and correct as of the date thereof unless otherwise noted in writing; and unless the Controlling Person is notified to the contrary, in writing, prior to the requested date of the advance under such Requisition, shall constitute an affirmation that the same remain true and correct on the date of such advance.