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51 "Tax Official" means any City or County assessor; County auditor; City, County, or State board of equalization; the Commissioner of Revenue of the State; or any State or Federal district court, the Tax Court of the State, or the State Supreme Court. "TIFAct" means Minnesota Statutes Sections 469.174-469.1799, as amended, or any successor statutes. "TIF Note" means the Tax Increment revenue note to be issued by the Authority in accordance with the provisions of Article IX hereof, and substantially in the form attached as Exhibit F, to reimburse the Developer for Qualified Redevelopment Costs. "TIF District" means the City's TIP District, designated as District 3-5, which was certified on December 31, 2003. "TIFPlan" means that certain Tax Increment financing plan for the TIP District approved by the Authority and the City. "Unavoidable Delays" means delays, outside the control of the party claiming its occurrence, which are the direct result of (a) unusually severe or prolonged bad weather, (b) acts of God, fire or other casualty to the Minimum Improvements, (c) litigation commenced by third parties which, by injunction or other similarjudicial action, directly results in delays, (d) acts of any federal, State or local governmental unit which directly result in delays, (e) strikes, other labor trouble, (f) delays in delivery of materials for the Minimum Improvements or (g) soil conditions of the Development Property. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a Minnesota municipal corporation and a statutory city and has the power to enter into this Agreement and carry out its obligations hereunder. The City has duly authorized the execution, delivery and performance of this Agreement. (b) The City is authorized by law to enter into the various additional agreements contemplated herein; (c) There is not pending, nor to the best of the City's knowledge is there threatened, any suit, action or proceeding against the City before any court, arbitrator, administrative agency or other governmental authority that materially and adversely affects the validity of any of the transactions contemplated hereby, the ability of the City to perform its obligations hereunder, or as contemplated hereby or thereby, or the validity or enforceability of this Agreement. (d) No member of the Board of the City or officer of the City, has either a direct or indirect financial interest in this Agreement, nor will any Commissioner of the City or officer of the City, benefit financially from this Agreement within the meaning of Minnesota Statutes, Sections 412.311 and 471.87. 7