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10/1 /08 <br />f. Environmental. The Developer shall have approved the <br />environmental condition of the Sites and shall not have elected to cancel Escrow and <br />terminate this Agreement pursuant to Section 208 hereof. <br />g. Design Approvals. The Developer shall have obtained <br />approval by the Agency of the Design Development Drawings as set forth in Section 302 <br />hereof. <br />h. Land Use Approvals. The Developer shall have received <br />all land use approvals and permits required pursuant to Section 303 hereof. <br />206. Representations and Warranties. <br />206.1 Agency Representations. Agency represents and warrants to <br />Developer as follows: <br />a. Authority. Agency is a public body, corporate and politic, <br />existing pursuant to the California Community Redevelopment Law (California Health <br />and Safety Code Section 33000), which has been authorized to transact business pursuant <br />to action of the City. Agency has full right, power and lawful authority to grant, sell and <br />convey the Sites as provided herein and the execution, performance and delivery of this <br />Agreement by Agency has been fully authorized by all requisite actions on the part of <br />Agency. <br />b. FIRPTA. Agency is not a "foreign person" within the <br />parameters of FIIZPTA or any similar state statute, or is exempt from the provisions of <br />FIRPTA or any similar sate statue, or that Agency has complied and will comply with all <br />the requirements under FIRPTA or any similar state statute. <br />c. No Conflict. To the best of Agency's knowledge, <br />Agency's execution, delivery and performance of its obligations under this Agreement <br />will not constitute a default or a breach under any contract, agreement or order to which <br />Agency is a party or by which it is bound. <br />Until the Closing, Agency shall, upon learning of any fact or condition which <br />would cause any of the warranties and representations in this Section 206.1 not to be true <br />as of Closing, immediately give written notice of such fact or condition to Developer. <br />Such exception(s) to a representation shall not be deemed a breach by Agency hereunder, <br />but shall constitute an exception which Developer shall have a right to approve or <br />disapprove if such exception would have an effect on the value and/or operation of the <br />Sites. If Developer elects to close Escrow following disclosure of such information, <br />Agency's representations and warranties contained herein shall be deemed to have been <br />made as of the Closing, subject to such exception(s). If, following the disclosure of such <br />information, Developer elects to not close Escrow, then this Agreement and the Escrow <br />shall automatically terminate, and neither party shall have any further rights, obligations <br />12 <br />