Common use of Representations and Warranties of the Developer Clause in Contracts

Representations and Warranties of the Developer. The Developer represents and warrants to the Municipality that: (a) the Developer will be in compliance with all applicable Environmental Laws relating to the Development Area and the use of the property subject to this Agreement; (b) except in compliance with all applicable Environmental Laws, the Developer has not engaged in any Hazardous Substance Activity on such property, nor to the best knowledge of the Developer, after due inquiry and investigation, except for NONE:, has any Hazardous Substance Activity otherwise occurred in violation of any applicable Environmental Laws; (c) except for NONE, no investigations, inquiries, orders, hearings, actions or other proceedings by or before any governmental agency are pending or, to the best knowledge of the Developer, after due inquiry and investigation, threatened in connection with any Hazardous Substance Activity or alleged Hazardous Substance Activity; (d) the use of the property subject to this Agreement for its intended purpose is not expected to result in any Hazardous Substance Activity in violation of any applicable Environmental Laws; (e) except for NONE, no notice of any order, directive, complaint or other communication, written or oral, has been made or issued by any governmental agency nor has the Developer received a written notice from any other third party alleging the occurrence of any Hazardous Substance Activity in violation of any applicable Environmental Laws or demanding payment or contribution for environmental damage or injury to the Development Area; and (f) except for NONE, underground storage tanks or underground Hazardous Substance deposits are or were located on the Development Area, except to the extent that any of the foregoing which were located on the property are in process of being removed, remediated or taken out of service in accordance with all applicable Environmental Laws.