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<br />6 <br />516911v4 JAE MU205-47 <br />has duly authorized the execution, delivery and performance of this Agreement by proper action of its <br />governing body. <br /> <br />(b) The Developer will construct the Minimum Improvements in accordance with the terms <br />of this Agreement, the Redevelopment Plan and all applicable local, state and federal laws and regulations <br />(including, but not limited to, environmental, zoning, building code and public health laws and <br />regulations). <br /> <br />(c) The Developer will obtain, in a timely manner, all required permits, licenses and <br />approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal <br />laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully <br />constructed. The Developer did not obtain a building permit for any portion of the Minimum <br />Improvements before March 12, 2018, the date of approval of the TIF Plan for the TIF District. <br /> <br />(d) The Developer will operate and maintain the Minimum Improvements in accordance with <br />the terms of this Agreement, the Redevelopment Plan and all applicable local, state and federal laws and <br />regulations (including, but not limited to, environmental, zoning, building code and public health laws <br />and regulations). <br /> <br />(e) The Developer has received no notice or communication from any local, state or federal <br />official that the activities of the Developer, the City or the Authority on the Development Property may be <br />or will be in violation of any environmental law or regulation. The Developer is aware of no facts the <br />existence of which would cause it to be in violation of or give any person a valid claim under any local, <br />state or federal environmental law, regulation or review procedure. <br /> <br />(f) Neither the execution and delivery of this Agreement, the consummation of the <br />transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of <br />this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or <br />provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of <br />whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default <br />under any of the foregoing. <br /> <br />(g) The proposed development by the Developer hereunder would not occur but for the tax <br />increment financing assistance being provided by the Authority hereunder. <br /> <br />(h) The Developer shall promptly advise the Authority in writing of all litigation or claims <br />affecting any part of the Minimum Improvements and all written complaints and charges made by any <br />governmental authority materially affecting the Minimum Improvements or materially affecting <br />Developer or its business which may delay or require changes in construction of the Minimum <br />Improvements. <br /> <br /> <br />(The remainder of this page is intentionally left blank.)