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(i) Appropriated Moneys. The City has appropriated sufficient monies in its current <br />fiscal year to meet the May 1, 2007 Lease Payment <br />Section 2.2. Representations. Covenants and Warranties of Authority. The Authority <br />represents, covenants and warrants to the Assignee and the City as follows: <br />(a) Due Organization and Existence. The Authority is a joint exercise of powers <br />authority, duly organized and existing under and by virtue of the laws of the State; has <br />power to enter into the Site Lease, this Lease Agreement and the Assignment Agreement; is <br />possessed of full power to own and hold, improve and equip real and personal property <br />and to lease and sell the same; has duly authorized the execution and delivery of all of the <br />aforesaid agreements and such agreements constitute the legal, valid and binding <br />agreements of the Authority, enforceable against the Authority in accordance with their <br />respective terms. <br />(b) No Encumbrances. The Authority will not pledge the Lease Payments or other <br />amounts derived from the Property and from its other rights under this Lease Agreement <br />and will not mortgage or encumber the Property, except as provided under the terms of <br />this Lease Agreement. <br />(c) No Violations. Neither the execution and delivery of the Site Lease, this Lease <br />Agreement or the Assignment Agreement, the fulfillment of or compliance with the terms <br />and conditions hereof or thereof, nor the consummation of the transactions contemplated <br />hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions <br />of any restriction or any agreement or instrument to which the Authority is now a party or <br />by which the Authority is bound, constitutes a default under any of the foregoing, or results <br />in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of <br />the property or assets of the Authority, or upon the Property, except Permitted <br />Encumbrances. <br />(d) No Assignments. Except for its assignment to the Assignee or as otherwise <br />provided herein, the Authority will not assign this Lease Agreement, its right to receive <br />Lease Payments from the City or its duties and obligations hereunder to any other person, <br />firm or corporation so as to impair or violate the representations, covenants and warranties <br />contained in this Section 2.2. <br />(e) Execution and Delivery. The Authority has duly authorized and executed this <br />Lease Agreement in accordance with the laws of the State. <br />