Common use of Certain Continuing Representations Clause in Contracts

Certain Continuing Representations. If at any time during the Term of this Agreement, the representation or warranty made by the [SELECTED RESPONDENT] pursuant to this Section 10.12 entitled “Representation and Warranties” hereof would, if made on any date during the Term of this Agreement and deemed made as of such date, be false, misleading or incorrect in any material respect, then, the [SELECTED RESPONDENT] shall be deemed to be in default under this Agreement unless NYCEDC shall, upon written request by the [SELECTED RESPONDENT], either waive such default in writing or consent in writing to an exception to such representation or warranty so that such representation or warranty shall no longer be false, misleading or incorrect in a material respect. [SELECTED RESPONDENT] shall update its disclosures in writing to NYCEDC as applicable. 72

Certain Continuing Representations. If at any time during the Term of this Agreement, the representation or warranty made by the [SELECTED RESPONDENT] pursuant to this Section 10.12 entitled “Representation and Warranties” hereof would, if made on any date during the Term of this Agreement and deemed made as of such date, be false, misleading or incorrect in any material respect, then, the [SELECTED RESPONDENT] shall be deemed to be in default under this Agreement unless NYCEDC shall, upon written request by the [SELECTED RESPONDENT], either waive such default in writing or consent in writing to an exception to such representation or warranty so that such representation or warranty shall no longer be false, misleading or incorrect in a material respect. [SELECTED RESPONDENT] shall update its disclosures in writing to NYCEDC as applicable. 72.