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iWa:11:111VA <br />requirements, including the requirements of the California Environmental Quality Act and <br />the National Environmental Policy Act, and the preparation and approval of all required <br />environmental impact statements and reports; use, occupancy and building permit <br />requirements; and public utilities requirements. <br />7.7 Rights of Others. Developer is in compliance with all covenants, <br />conditions, restrictions, easements, rights of way and other rights of third parties relating <br />to the Property as may be shown on title for the Property <br />7.8 Litigation. There are no material actions or proceedings pending or, to the <br />best of the Developer's knowledge, threatened against or affecting Developer or any <br />property of Developer before any Governmental Authority, except as disclosed to City in <br />writing prior to the execution of this Agreement. <br />7.9 Bankruptcy. To the best of Developer's knowledge, no attachments, <br />execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, <br />reorganization or other proceedings are pending or threatened against Developer, nor are <br />any of such proceedings contemplated by Developer. <br />7.10 Information Accurate. To the best of Developer's knowledge, all <br />information, regardless of its form, conveyed by Developer to City, by whatever means, is <br />accurate, and correct in all material respects and is sufficiently complete to give City true <br />and accurate knowledge of its subject matter, and does not contain any material <br />misrepresentation or omission. <br />7.11 Conflicts of Interest. No member, official or employee of the City shall have <br />any personal interest, direct or indirect, in this Agreement, nor shall any such member, official <br />or employee participate in any decision relating to this Agreement which affects his/her <br />personal interests or the interests of any corporation, partnership or association in which <br />he/she has a direct or indirect financial interest. The Developer warrants that it neither has <br />paid nor given, nor will pay or give, any third party any money or other consideration for <br />obtaining this Agreement. <br />7.12 Nonliability of City Officials and Employees. No member, official or <br />employee of the City shall be personally liable to the Developer in the event of any default or <br />breach by the City or for any amount which may become due to Developer or on any <br />obligations under the terms of this Agreement. <br />7.13 No Assignment. Developer expressly acknowledges and agrees that the City <br />has only agreed to assist the Developer as a means by which to induce the <br />construction/development of the Project. Accordingly, Developer further expressly <br />acknowledges and agrees that this Agreement is a personal right of Developer that is neither <br />negotiable, transferable, nor assignable except as set forth herein. Developer may assign some <br />or all of its rights under the Agreement only with the prior written consent of the City Project <br />Manager, except that no prior consent is necessary for an assignment by a limited partner of <br />Developer to an affiliate, for the inclusion of tax credit investors in the Agreement. <br />14 <br />80A-22 <br />