25F - AGMT - 605-611 EAST WASHINGTON ST LOAN

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lease or other agreement or document described in sub-paragraph (d) or (e) of the previous subsection. (d) No approval, license, exemption or other authorization from, or filing, registration or qualification with, any Governmental Authority is required which has not been previously obtained in connection with: (i) the execution of Developer of, and the performance by Developer of its obligations under, the Loan Documents; and (ii) the creation of the liens described in the Loan Documents. 901.3 Financial and Other Information. To the best of Developer's knowledge, all financial information furnished to Agency/City with respect to Developer in connection with the Loans (a) is complete and correct in all material respects as of the date of preparation thereof, (b) accurately presents the financial condition of Developer, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied or in accordance with such other principles or methods as are reasonably acceptable to Agency/City. To the best of Developer's knowledge, all other documents and information furnished to Agency/City with respect to Developer, in connection with the Loans, are correct and complete insofar as completeness is necessary to give the Agency/City accurate knowledge of the subject matter. To the best of Developer's knowledge Developer has no material liability or contingent liability not disclosed to Agency/City in writing and there is no material lien, claim, charge or other right of others of any kinds (including liens or retained security titles of conditional vendors) on any property of Developer not disclosed in such financial statements or otherwise disclosed to Agency/City in writing. 901.4 Experience and Qualifications. Developer has the experience and qualifications necessary to perform as Developer pursuant to this Agreement and the other Project Documents. 901.5 No Material Adverse Change. There has been no material adverse change in the condition, financial or otherwise, of Developer since the dates of the latest financial statements furnished to Agency/City. Since those dates, Developer has not entered into any material transaction not disclosed in such financial statements or otherwise disclosed to Agency/City in writing. 901.6 Tax Liability. Developer has filed all required federal, state and local tax returns and has paid all taxes (including interest and penalties, but subject to lawful extensions disclosed to Agency/City in writing) other than taxes being promptly and actively contested in good faith and by appropriate proceedings. Developer is maintaining adequate reserves for tax liabilities (including contested liabilities) in accordance with generally accepted accounting principles or in accordance with such other principles or methods as are reasonably acceptable to Agency/City. 901.7 Governmental Requirements. To best of its knowledge, Developer is in compliance with all Governmental Requirements relating to the Property and/or the Project and all Governmental Authority approvals, including zoning, land use, planning requirements, and requirements arising from or relating to the adoption or amendment of, any applicable general plan, subdivision and parcel map requirement; environmental requirements, including the requirements of the California Environmental Quality Act and the National Environmental Policy Act and the 30 25F-36