Representations of Developer Sample Clauses
The 'Representations of Developer' clause sets out the specific statements and assurances that the developer makes regarding their qualifications, authority, and ability to perform under the contract. Typically, this clause requires the developer to confirm that they have the necessary skills, experience, and legal right to enter into the agreement and deliver the promised services or products. By including these representations, the clause helps ensure that the client can rely on the developer's credentials and reduces the risk of disputes over the developer's capacity or legitimacy.
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:
(a) The execution and delivery of the Redevelopment Contract and the consummation of the transactions therein contemplated will not conflict with or constitute a breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which Developer is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the Developer contrary to the terms of any instrument or agreement.
(b) There is no litigation pending or to the best of its knowledge, threatened against Developer affecting its ability to carry out the acquisition; construction, equipping and furnishing of the Project or the carrying into effect of this Redevelopment Contract or, except as disclosed in writing to the Authority, as to any other matter materially affecting the ability of Developer to perform its obligations hereunder.
(c) Developer has made a fiscal analysis of the project and specifically represents to the City and Authority that:
(i) the Project would not be economically feasible without the use of tax-increment financing, and Developer will not undertake the Project without tax- increment financing;
(ii) the Project would not occur in the Redevelopment Area and Developer will not construct the Project without the use of tax-increment financing;
Representations of Developer. As of the date hereof, Developer hereby represents and warrants to District as follows:
(a) This Covenant has been duly executed and delivered by Developer, and constitutes the legal, valid and binding obligation of Developer, enforceable against Developer, and its successors and assigns, in accordance with its terms;
(b) Neither the entering into of this Covenant nor performance hereunder will constitute or result in a violation or breach by Developer of any agreement or order which is binding on Developer; and
(c) Developer (i) is duly organized, validly existing and in good standing under the laws of its state of jurisdiction and is qualified to do business and is in good standing under the laws of the District of Columbia; (ii) is authorized to perform under this Covenant; and (iii) has all necessary power to execute and deliver this Covenant.
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. 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. Developer represents and warrants to Capstone that:
Representations of Developer. The Developer hereby makes the following representations, warranties and covenants to City as of the Effective Date unless another date is expressly stated to apply:
Representations of Developer. Developer hereby represents and warrants that it has full and lawful right, power and authority, under current applicable law, to execute, deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be, duly and validly authorized and approved by all necessary Developer proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the Developer, enforceable in accordance with its terms.
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.