Representations of Developer. Developer represents, covenants and warrants to the District as follows:
Representations of Developer. By execution of a lease for a Rental Affordable Unit, Developer shall be deemed to represent and warrant to the Agency, which may rely on the following, that: (i) the Household is determined to be a Qualified Tenant by the Certifying Authority, and (ii) Developer is not collecting more than the Maximum Allowable Rent.
Representations of Developer. The Developer makes the following representations:
Representations of Developer. As of the date hereof, Developer hereby represents and warrants to District as follows:
Representations of Developer. (a) The Developer hereby represents and warrants to the City that the Developer is the owner of the Subject Property in accordance with the title opinion provided by the Developer to the City issued by an attorney licensed to provide services in the State of Florida with said title opinion showing all liens, mortgages, and other encumbrances not satisfied or released of record relative to the Subject Property.
Representations of Developer. In conjunction with the submission of any and all invoices to the City, Developer represents and warrants to the City the following: (a) all Reimbursable Costs were procured through arms-length transactions; (b) Developer, or its principals or affiliates, do not own or have any interest in any of the contractors, engineering firms, or other individuals or entities that provided any services or materials that are included in the invoice; (c) to the best of Developer’s knowledge, the invoices are true and accurate invoices for the actual cost of the Sewer Improvements; (d) Developer has not requested or been provided any kickbacks or reimbursements in exchange for Developer accepting or agreeing to the invoices; (e) if the contractor(s) or entities providing materials or services reflected in the invoice provide other materials or services to Developer (or its principals or affiliates), Developer has not requested or been provided any discount on other materials or services in exchange for Developer utilizing the contractor or entity for the Sewer Improvements; and (f) the Reimbursable Costs do not include any administrative fees, construction management fees, insurance costs, licensing fees or attorney fees for Developer or its principals or affiliates.
Representations of Developer. The Developer represents and warrants to the City (i) it is duly organized and is authorized to conduct business in the State of California, and (ii) it is authorized and has the power under the laws of the State of California to enter into this Agreement and the transactions contemplated hereby, and to perform and carry out all covenants and obligations on its part to be performed under and pursuant to this Agreement, and (iii) the performance of its obligations hereunder will not violate, result in a breach of, or constitute a default under, any agreement or instrument to which Developer is a party or by which Developer is bound, and this Agreement is a legal, valid and binding obligation of Developer enforceable in accordance with its terms.
Representations of Developer. (a) The individuals listed in EXHIBIT C to this Agreement are the "Owners" of Developer for purposes of this Agreement. Developer acknowledges its understanding of Xxxxxxx'x requirement that an individual "Managing Owner' be named who, throughout the term of this Agreement, lives in the Territory. The Managing Owner (i) must have a minimum five percent (5%) unencumbered equity ownership (including profits) and a minimum five percent (5%) controlling interest through any voting apparatus in Developer, (ii) must be authorized by the Developer to bind the Developer in any dealings with Xxxxxxx or Xxxxxxx'x Affiliates (as defined in the Guidelines), and authorized distributors, suppliers and contractors of Developer, (iii) must be authorized by the Developer to direct any actions necessary to ensure compliance with the Development Agreement or with any Franchise Agreement, and (iv) must devote his full time and best efforts to day to day development activities with no operational or management commitments in other businesses (except other restaurants operated under franchises granted by Xxxxxxx). The Developer has not taken and agrees that it will not hereafter take, whether directly or indirectly, any action to avoid the authority requirements of the Managing Owner through the entry of limiting board resolutions, management agreements, amendment of governing documents (as defined in the Guidelines) or any other similar device or arrangement. Developer agrees to furnish Xxxxxxx with such evidence as Xxxxxxx may request from time to time for the purpose of assuring Xxxxxxx that the Managing Owner's authority remains as represented herein. No change in the Managing Owner may be made without the prior written consent of Xxxxxxx. If the Managing Owner dies or becomes incapacitated, then within sixty (60) days thereafter, Developer shall name a new Managing Owner approved by Xxxxxxx (not to be unreasonably withheld or delayed) pursuant to Xxxxxxx'x then current criteria for approving Managing Owners. Notwithstanding the foregoing, if the Managing Owner does not intend to devote his full time and best efforts to the day to day development of On The Border Restaurants or if the Managing Owner lives outside the Territory, then Developer must also designate an individual "Managing Director" who must be approved by Xxxxxxx and be totally involved in the day to day development of the On The Border Restaurants with no operational or management commitments to other busines...
Representations of Developer. Developer represents and warrants to Capstone that:
Representations of Developer. DEVELOPER is duly organized and validly existing under the laws of Delaware, and has full authority to enter into this Agreement and to transact the business herein contemplated.
