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City of Santa Ana <br />Agreement No.: D2201000 <br />Project No.:C-06-8478-110 <br />Page 20 of 48 <br />6.6 NO LIENS. <br />The Recipient must not make any pledge of or place any lien on the Project, System, or Revenues except <br />as otherwise provided or permitted by this Agreement. <br />EXHIBIT C —GENERAL & PROGRAMMATIC TERMS & CONDITIONS <br />C.1 REPRESENTATIONS & WARRANTIES. <br />The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and <br />continuing thereafter for the term of this Agreement. <br />C.1.1 Application and General Recipient Commitments. <br />The Recipient has not made any untrue statement of a material fact in its application for this financial <br />assistance, or omitted to state in its application a material fact that makes the statements in its application <br />not misleading. <br />The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this <br />Agreement, including all incorporated documents. <br />The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in Its <br />application, accompanying documents, and communications filed in support of its request for funding <br />under this Agreement. <br />C.1.2 Authorization and Validity. <br />The execution and delivery of this Agreement, including all incorporated documents, has been <br />duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a <br />valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as <br />such enforcement may be limited by law. <br />C.1.3 No Violations. <br />The execution, delivery, and performance by Recipient of this Agreement, including all <br />incorporated documents, do not violate any provision of any law or regulation in effect as of the <br />date of execution of this Agreement by the Recipient, or result in any breach or default under any <br />contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient <br />is bound as of the date of execution of this Agreement by the Recipient. <br />C.1.4 No Litigation <br />There are, as of the date of execution of this Agreement by the Recipient, no pending or, to <br />Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before <br />any governmental authority, court, or administrative agency which materially affect the financial <br />condition or operations of the Recipient, the System, the Revenues, and/or the Project. <br />There are no proceedings, actions, or offers by a public entity to acquire by purchase or the <br />power of eminent domain the System or any of the real or personal property related to or <br />necessary for the Project. <br />Exhibit C <br />