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7 <br />ARTICLE II <br /> <br />Representations and Warranties <br /> <br /> <br />Section 2.1. Representations by the Authority. The Authority makes the following <br />representations as the basis for the undertaking on its part herein contained: <br /> <br />(a) The Authority is a public body corporate and politic under the laws of the State of <br />Minnesota. Under the provisions of the Municipal Development Act and the EDA Act, the <br />Authority has the power to enter into this Agreement and carry out its obligations hereunder. <br /> <br /> (b) The Authority proposes to assist in financing the Qualified Development Costs in <br />accordance with the terms of this Agreement to further the objectives of the Development Program. <br /> <br />(c) The Authority finds that the Senior Housing Units are necessary to alleviate a <br />shortage of, and maintain existing supplies of, decent, safe, and sanitary senior housing for persons <br />of low or moderate income and their families as such income is determined pursuant to Section 4.5. <br /> <br />Section 2.2. Representations and Warranties by the Developer. The Developer represents <br />and warrants that: <br /> <br />(a) The Developer is a nonprofit corporation, which is duly organized and in good <br />standing under the laws of the State; the Developer is not in violation of any provisions of its bylaws <br />or articles of incorporation; and the Developer is duly authorized to transact business within the <br />State, has power to enter into this Agreement and has duly authorized the execution, delivery, and <br />performance of this Agreement by proper action of its respective officers, directors, managers, <br />governors or members (as applicable). <br /> <br />(b) The Developer will construct the Minimum Improvements and the Infrastructure <br />Improvements and cause the Minimum Improvements to be operated and maintained in accordance <br />with the terms of this Agreement, the Development Program and all local, State and federal laws <br />and regulations (including, but not limited to, environmental, zoning, building code and public <br />health laws and regulations). <br /> <br />(c) The Developer has received no notice or communication from any local, State or <br />federal official that the activities of the Developer or the Authority in the Project Area may be or <br />will be in violation of any environmental law or regulation (other than those notices or <br />communications of which the Authority is aware). The Developer is aware of no facts the existence <br />of which would cause it to be in violation of or give any person a valid claim under any local, State <br />or federal environmental law, regulation or review procedure. <br /> <br />(d) The Developer will use its best efforts to obtain or cause to be obtained, in a timely <br />manner, all required permits, licenses and approvals, and will meet, in a timely manner, all <br />requirements of all applicable local, State and federal laws and regulations which must be obtained <br />or met before the Minimum Improvements and the Infrastructure Improvements may be lawfully