Common use of Owner’s Certifications Clause in Contracts

Owner’s Certifications. In accordance with the Community Benefits Agreement, Owner certifies to ACC that: all of its representations and warranties made in and as of the date of the Community Benefits Agreement are true and correct in all material respects as of the date hereof; the construction of the Project conforms to the Plans and the other provisions of the Community Benefits Agreement; the breakdown of Reimbursable Project Costs, Schedule of Values and the percentage completion referenced in this Requisition are accurate; all amounts being reimbursed for stored materials are and will be stored in either (1) a bonded warehouse approved by ACC and accessible to inspection by representatives of ACC, or (2) stored in a locked and otherwise secure storage arrangement acceptable to ACC and insured in an amount acceptable to ACC; no reimbursement is being requested for materials to be stored more than 150 days before being used in the Project; no payment under this Requisition for a cost included in the Project Budget exceeds the maximum allowable non-construction expenses actually incurred within the amounts set forth in the Project Budget, plus the actual cost of the completed portion of the Project; all payments requested under this Requisition are for Project items (i) which (in the case of construction) are of a quality and construction acceptable under this Agreement and (ii) which have not been previously paid; there are no liens outstanding against the Project except (i) inchoate liens for property taxes not yet due and payable, (ii) liens being contested in accordance with the terms and conditions set forth in applicable law and (iii) liens consented to by ACC or otherwise permitted by the Community Benefits Agreement; Owner is not in default under the Community Benefits Agreement; no governmental body has lawfully issued the equivalent of a stop order with respect to any portion of the Project; PD Zoning of the Site has been in effect, since the Effective Date to the date of submission of the Requisition (in the case of the initial Requisition)/ since the date of the submission of the most recently preceding Requisition to the date of submission of the Requisition being submitted (in the case of subsequent Requisitions); a XXXX encumbering the Site has been in effect, since the Effective Date to the date of submission of the Requisition (in the case of the initial Requisition), since the date of the submission of the most recently preceding Requisition to the date of submission of the Requisition being submitted (in the case of subsequent Requisitions); and the payment of all or any portion of any this Requisition will not cause the overall support from the TAD (taking into account all previously paid amounts in respect of the Requisitions, if any) to exceed the Payment Limitation. Submitted by: OWNER: ____________________________________ By: Its: Approved: VERIFICATION AGENT: ___________________________________ By: Its: Approved: UNIFIED GOVERNMENT OF ATHENS-XXXXXX COUNTY, GEORGIA By: Its: SCHEDULE 9.3(i)

Owner’s Certifications. In accordance with the Community Benefits Agreement, Owner certifies to ACC that: all of its representations and warranties made in and as of the date of the Community Benefits Agreement are true and correct in all material respects as of the date hereof; the construction of the Project conforms to the Plans and the other provisions of the Community Benefits Agreement; the breakdown of Reimbursable Project Costs, Schedule of Values and the percentage completion referenced in this Requisition are accurate; all amounts being reimbursed for stored materials are and will be stored in either (1) a bonded warehouse approved by ACC and accessible to inspection by representatives of ACC, or (2) stored in a locked and otherwise secure storage arrangement acceptable to ACC and insured in an amount acceptable to ACC; no reimbursement is being requested for materials to be stored more than 150 days before being used in the Project; no payment under this Requisition for a cost included in the Project Budget exceeds the maximum allowable non-construction expenses actually incurred within the amounts set forth in the Project Budget, plus the actual cost of the completed portion of the Project; all payments requested under this Requisition are for Project items (i) which (in the case of construction) are of a quality and construction acceptable under this Agreement and (ii) which have not been previously paid; there are no liens outstanding against the Project except (i) inchoate liens for property taxes not yet due and payable, (ii) liens being contested in accordance with the terms and conditions set forth in applicable law and (iii) liens consented to by ACC or otherwise permitted by the Community Benefits Agreement; Owner is not in default under the Community Benefits Agreement; no governmental body has lawfully issued the equivalent of a stop order with respect to any portion of the Project; PD Zoning of the Site has been in effect, since the Effective Date to the date of submission of the Requisition (in the case of the initial Requisition)/ since the date of the submission of the most recently preceding Requisition to the date of submission of the Requisition being submitted (in the case of subsequent Requisitions); a XXXX encumbering the Site has been in effect, since the Effective Date to the date of submission of the Requisition (in the case of the initial Requisition), since the date of the submission of the most recently preceding Requisition to the date of submission of the Requisition being submitted (in the case of subsequent Requisitions); and the payment of all or any portion of any this Requisition will not cause the overall support from the TAD (taking into account all previously paid amounts in respect of the Requisitions, if any) to exceed the Payment Limitation. Submitted by: OWNER: ____________________________________ By: Its: Approved: VERIFICATION AGENT: ___________________________________ By: Its: Approved: UNIFIED GOVERNMENT OF ATHENS-XXXXXX CLARKE COUNTY, GEORGIA By: Its: SCHEDULE 9.3(i)