THE CITY OF LINCOLN, NEBRASKA ATTEST: City Clerk CITY OF LINCOLN, NEBRASKA ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Mayor Approved by Executive Order No. dated
and the City of Timmins In order to accommodate the Christmas/New Year's scheduling, normal scheduling provisions shall not operate during the period December 15 to January 7.
The City The address of the City is ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: City Manager; telephone ▇▇▇-▇▇▇-▇▇▇▇; with copies to ▇▇▇▇▇ ▇▇▇▇▇, City Attorney, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite 1000, Irvine, CA 92164, Telephone: (▇▇▇) ▇▇▇-▇▇▇▇. (a) The City is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the laws of the State of California; (b) The City has taken all actions required by law to approve the execution of this Covenant Agreement; (c) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not violate any contract, agreement or other legal obligation of the City; (d) The City’s entry into this Covenant Agreement and/or the performance of the City’s obligations under this Covenant Agreement does not constitute a violation of any state or federal statute or judicial decision to which the City is subject; (e) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City’s obligations under this Covenant Agreement; (f) The City has the legal right, power and authority to enter into this Covenant Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Covenant Agreement has been duly authorized and no other action by the City is requisite to the valid and binding execution, delivery and performance of this Covenant Agreement, except as otherwise expressly set forth herein; and (g) The individual executing this Covenant Agreement is authorized to execute this Covenant Agreement on behalf of the City. The representations and warranties set forth above are material consideration to Owner and the City acknowledges that Owner is relying upon the representations set forth above in undertaking Owner’s obligations set forth in this Covenant Agreement. As used in this Covenant Agreement, the term “City’s actual current knowledge” shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Effective Date, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation. All of the terms, covenants and conditions of this Covenant Agreement shall be binding on and shall inure to the benefit of the City and its nominees, successors and assigns. Wherever the term “City” is used herein, such term shall include any permitted nominee, assignee or successor of the City.
Access to the Authority and the Authority’s Engineer (i) The Right of Way given to the Contractor hereunder shall always be subject to the right of access of the Authority and the Authority’s Engineer and their employees and agents for inspection, viewing and exercise of their rights and performance of their obligations under this Agreement. (ii) The Contractor shall ensure, subject to all relevant safety procedures, that the Authority has un-restricted access to the Site during any emergency situation, as decided by the Authority’s Engineer.
Covenants of the Company and the Operating Partnership The Company and the Operating Partnership, jointly and severally, covenant with each Underwriter as follows: