Common use of Developer Representations Clause in Contracts

Developer Representations. Developer hereby represents, warrants, and covenants to the Town as follows: (a) Developer is a limited liability company, duly formed, validly existing, and in good standing under the laws of the State of Maine. (b) Developer has all requisite power and authority, has taken all actions required by its organizational documents and applicable law, and has obtained all necessary consents, to: (i) execute and deliver this Agreement; and (ii) consummate the transactions contemplated by this Agreement. This Agreement has been duly authorized and properly executed and delivered and constitutes the valid and binding obligations of Developer, enforceable in accordance with its terms, subject to principles of equity, bankruptcy, insolvency, and other laws generally affecting creditors' rights and the enforcement of debtors' obligations. (c) Developer shall be responsible for obtaining all necessary licenses, permits, approvals or other certifications necessary for Developer to perform its obligations under this Agreement. (d) There are no violations of any federal, state or municipal laws, ordinances with regard to any portion of the Project and no written notice of any such violation has been issued by any governmental authority. (e) There are no pending legal proceedings or administrative actions of any kind or character materially and adversely affecting the Developer’s ability to enter into this Agreement or acquire an interest in the Project Development Area.

Developer Representations. Developer hereby represents, warrants, and covenants to the Town as follows: (a) Developer is a limited liability company, duly formed, validly existing, and in good standing under the laws of the State of Maine. (b) Developer has all requisite power and authority, has taken all actions required by its organizational documents and applicable law, and has obtained all necessary consents, to: (i) execute and deliver this Agreement; and (ii) consummate the transactions contemplated by this Agreement. This Agreement has been duly authorized and properly executed and delivered and constitutes the valid and binding obligations of Developer, enforceable in accordance with its terms, subject to principles of equity, bankruptcy, insolvency, and other laws generally affecting creditors' rights and the enforcement of debtors' obligations. (c) Developer shall be responsible for obtaining all necessary licenses, permits, approvals or other certifications necessary for Developer to perform its obligations under this Agreement. (d) There are no violations of any federal, state or municipal laws, ordinances with regard to any portion of the Project and no written notice of any such violation has been issued by any governmental authority. (e) There are no pending legal proceedings or administrative actions of any kind or character materially and adversely affecting the Developer’s ability to enter into this Agreement or acquire an interest in the Project Development Area.