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under the Development Property or other issues arising under any Environmental Law <br />applicable to the Development Property. The Developer has not received any notice from <br />any local, state or federal official that the activities of the Developer with respect to the <br />Project may or will be in violation of any Environmental Law. The Developer, without <br />any further duty of inquiry, is not aware of any state or federal claim filed or planned to <br />be filed by any party relating to any violation of any Environmental Law relating to the <br />Development Property. <br />(f) Developer has sufficient funds and /or financial commitments to finance the <br />acquisition of the Development Property and the construction of the Project as required <br />herein. <br />(g) The Developer is a knowledgeable and experienced purchaser and <br />developer of commercial and retail property and has made, or will make, a detailed <br />review and investigation of the Development Property and is relying upon its own review <br />and investigation in deciding to acquire and develop the Development Property. The <br />Developer acknowledges that neither the City, nor any principal, agent, attorney, <br />employee, broker, or other representative of the City, has made any representation or <br />warranty of any kind whatsoever, either express or implied, with respect to the <br />Development Property or any matter related thereto except as otherwise expressly set <br />forth in Section 2.1 hereof, and (ii) the Developer is not relying on any warranty, <br />representation, or covenant, express or implied, with respect to the condition of the <br />Development Property, and that the Developer is acquiring the Development Property in <br />its "as -is" condition with all faults. In particular, but without limitation, the City makes <br />no representations or warranties with respect to the use, condition, occupation or <br />management of the Development Property, compliance of the Development Property with <br />applicable statutes, laws, codes, ordinances, regulations or requirements or compliance of <br />the Development Property with covenants, conditions, and restrictions, whether or not of <br />record. <br />Section 2.3. Certain Covenants and Agreements of the Developer. The Developer <br />makes the following covenants and agreements for the benefit of the City: <br />(a) The Developer will cooperate with the City with respect to any litigation <br />commenced with respect to the Project. <br />(b) The Developer will cooperate with the City in resolution of any traffic, <br />parking, trash removal or public safety problems which may arise in connection with the <br />construction and operation of the Project. <br />1058683.RED <br />V5 to V4; 7/14/99 7 <br />PAGE 24 <br />