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iWa:11:111PA <br />6.4 Liability. Developer shall have liability under this Agreement for any <br />judgment, decree or order for the payment of money obtained in any action to enforce the <br />obligation of Developer to repay grant. <br />7. GENERAL PROVISIONS AND WARRANTIES <br />As a material inducement to City to enter into this Agreement, Developer represents <br />and warrants as follows, which representations and warranties are made solely by <br />Developer and not by or on behalf of any partner of Developer: <br />7.1 Formation, Qualification and Compliance. Habitat for Humanity is a <br />nonprofit organization. Developer is in compliance with all laws applicable to its business <br />and has obtained all approvals, licenses, exemptions and other authorizations from, and has <br />accomplished all filings, registrations and qualifications with, any Governmental Authority <br />that are necessary for the transaction of its business. <br />7.2 Execution and Performance ofInclusionary Grant Documents. <br />7.2.1 Developer has all requisite authority to execute and perform its <br />obligations under this Agreement. <br />7.2.2 The execution and delivery by Developer of, and the performance <br />by Developer of its obligations under, this Agreement that has been authorized by all <br />necessary action and does not and will not: <br />(a) require any consent or approval not heretofore <br />obtained of any person having any interest in Developer; <br />(b) violate any provision of, or require any consent or <br />approval not heretofore obtained under, any articles of incorporation, by-laws or other <br />governing document applicable to Developer; <br />(c) result in or require the creation of any lien, claim, <br />charge or other right of others of any kind (other than under this Agreement and under the <br />contemplated the Senior Loan Documents) on or with respect to any property now or <br />hereafter owned or leased by Developer; <br />(d) to the best of its knowledge, violate any provision of <br />any law presently in effect; or <br />(e) constitute a breach or default under, or permit the <br />acceleration of obligations owed under, any contract, loan agreement, lease or other <br />agreement or document to which Developer is a party or by which Developer or any of its <br />property is bound. <br />7.2.3 Developer is not in default, in any respect that is materially <br />adverse to the interests of City under this Agreement or that would have any material <br />12 <br />FOODMIKII <br />