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7.5 Tax Liability. Developer has filed all required federal, state and local tax <br />returns and has paid all taxes (including interest and penalties, but subject to lawful <br />extensions disclosed to Agency in writing) other than taxes being promptly and actively <br />contested in good faith and by appropriate proceedings. Developer is maintaining adequate <br />reserves for tax liabilities (including contested liabilities) in accordance with generally <br />accepted accounting principles or in accordance with such other principles or methods as <br />are reasonably acceptable to Agency. <br /> <br />7.6 Governmental Requirements. To best of its knowledge, Developer is in <br />compliance with all laws relating to the Property and all Governmental Authority <br />approvals, including zoning, land use, planning requirements, and requirements arising <br />from or relating to the adoption or amendment of, any applicable general plan, subdivision <br />and parcel map requirement; environmental requirements, including the requirements of <br />the California Environmental Quality Act and the National Environmental Policy Act, and <br />the preparation and approval of all required environmental impact statements and reports; <br />use, occupancy and building permit requirements; and public utilities requirements. <br /> <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. <br /> <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 Agency <br />in writing prior to the execution of this Agreement. <br /> <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 /> <br />7.10 Information Accurate. To the best of Developer’s knowledge, all <br />information, regardless of its form, conveyed by Developer to Agency, by whatever means, <br />is accurate, and correct in all material respects and is sufficiently complete to give Agency <br />true and accurate knowledge of its subject matter, and does not contain any material <br />misrepresentation or omission. <br /> <br />7.11 Conflicts of Interest. No member, official or employee of the Agency shall <br />have any personal interest, direct or indirect, in this Agreement, nor shall any such member, <br />official or employee participate in any decision relating to this Agreement which affects <br />his/her personal interests or the interests of any corporation, partnership or association in <br />which he/she has a direct or indirect financial interest. The Developer warrants that it neither <br />has paid nor given, nor will pay or give, any third party any money or other consideration for <br />obtaining this Agreement. <br /> <br />7.12 Nonliability of Agency Officials and Employees. No member, official or <br />employee of the Agency shall be personally liable to the Developer in the event of any default <br />or breach by the Agency or for any amount which may become due to Developer or on any <br />EXHIBIT 4