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change in the condition, financial or otherwise, of Developer since the dates of the latest <br />financial statements furnished to City. Since those dates, Developer has not entered into <br />any material transaction not disclosed in such financial statements or otherwise disclosed <br />to City in writing. <br />9.5 Tax Liability. Developer has filed all required federal, state and local tax returns <br />and has paid all taxes (including interest and penalties, but subject to lawful extensions <br />disclosed to City in writing) other than taxes being promptly and actively contested in <br />good faith and by appropriate proceedings. Developer is maintaining adequate reserves <br />for tax liabilities (including contested liabilities) in accordance with generally accepted <br />accounting principles or in accordance with such other principles or methods as are <br />reasonably acceptable to City. <br />9.6 Governmental Requirements. Developer is in compliance with all laws <br />relating to the Property and all Governmental Authority approvals, including zoning, land <br />use, planning requirements, and requirements arising from or relating to the adoption or <br />amendment of, any applicable general plan, subdivision and parcel map requirement; <br />environmental requirements, including the requirements of the California Environmental <br />Quality Act and the National Environmental Policy Act and the preparation and approval <br />of all required environmental impact statements and reports; use, occupancy and building <br />permit requirements; and public utilities requirements. <br />9.7 Riehts of Others. Developer is in compliance with all covenants, conditions, <br />restrictions, easements, rights of way and other rights of third parties relating to the <br />Property. <br />9.8 Litieation. There are no material actions or proceedings pending or, to the best of <br />the Developer's knowledge, threatened against or affecting Developer or any property of <br />Developer before any Governmental Authority, except as disclosed to City in writing <br />prior to the execution of this Agreement. <br />9.9 Bankruptcy. To the best of Developer's knowledge, no attachments, execution <br />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 />9.10 Information Accurate. To the best of Developer's knowledge, all information, <br />regardless of its form, conveyed by Developer to City, by whatever means, is accurate, <br />correct and sufficiently complete to give City true and accurate knowledge of its subject <br />matter, and does not contain any misrepresentation or omission. <br />9.11 Conflicts of Interest. No member, official or employee of the City shall have any <br />personal interest, direct or indirect, in this Agreement, nor shall any such member, official or <br />employee participate in any decision relating to this Agreement which affects his/her <br />personal interests or the interests of any corporation, partnership or association in which <br />he /she has a direct or indirect financial interest. The Developer warrants that it neither has <br />paid nor given, nor will pay or give, any third party any money or other consideration for <br />obtaining this Agreement. <br />18 <br />251 -24 <br />