City Representations. The City hereby represents as follows: a. The City is a municipal corporation duly organized and existing under the laws of the State of Montana. Under the laws of the State of Montana and City policies and procedures, the City has the power to enter into this Agreement and carry out its obligations hereunder. b. The City has marketable title to the Fox Site, subject to such liens, encumbrances and defects of record and such other exceptions to title customarily set forth in an ALTA owner’s policy of title insurance. c. There is no action, suit, investigation or proceeding now pending or, to the knowledge of the City, threatened against or affecting the City or its operations, properties or condition (financial or otherwise) before or by any governmental department, commission, board, authority or agency, or any court, arbitrator, mediator or grand jury, that individually or in the aggregate materially and adversely affects the validity of the transactions contemplated hereby, ability of the City to complete its obligations under this Agreement, or the validity or enforceability of this Agreement.
Appears in 3 contracts
Sources: Development Agreement, Master Development Agreement, Development Agreement