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13 <br /> <br />ARTICLE 9 <br />DEVELOPER WARRANTIES <br /> <br />9.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby <br />warrants and represents the following: <br /> <br />a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT <br />PROPERTY in the FINAL PLAT and has the right, power, legal capacity and authority <br />to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, <br />and no approvals or consents of any persons are necessary in connection with the <br />authority of DEVELOPER to enter into and perform its obligations under this <br />DEVELOPMENT AGREEMENT. <br /> <br />b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or <br />agreement to which it is a party or by which it is bound which would affect <br />performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a <br />party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment <br />or decree which would prohibit the execution or performance of this <br />DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the <br />transactions provided for in this DEVELOPMENT AGREEMENT. <br /> <br />c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and <br />is not in violation of applicable federal, state or local statutes, laws, and regulations <br />including, without limitation, permits and licenses and any applicable zoning, <br />environmental or other law, ordinance or regulation affecting the FINAL PLAT and <br />the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and <br />DEVELOPER is not aware of any pending or threatened claim of any such violation. <br /> <br />d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with <br />all applicable federal, state and local statutes, laws and regulations including, without <br />limitation, permits and licenses and any applicable zoning, environmental or other law, <br />ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS <br />and the DEVELOPER IMPROVEMENTS. <br /> <br />e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or <br />other proceeding or governmental investigation pending, or threatened against or <br />affecting DEVELOPER or the FINAL PLAT or the DEVELOPMENT PLANS or the <br />DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to any <br />order, writ, injunction or decree of any federal, state, local or foreign court, <br />department, agency or instrumentality. <br /> <br />f) FULL DISCLOSURE. None of the representatives and warranties made by <br />DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or <br />to be furnished by DEVELOPER or on its behalf intentionally contains or will contain <br />any untrue statement of material fact or intentionally omit any material fact the <br />omission of which would be misleading. Any unintentional untrue statements or