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9,7 Rights of Others . Developer is in conrphance with all covenant,,;, conditions,
<br />restrictions, easerilents, rights of way and other righkw elf' fliird parties relating to the
<br />Property.
<br />9,8 Litigation Thera„ are no matcri al actions or proccedinggs [rending co, to the best of
<br />the DQveloper',s knowledge, threatened agirrist or aff'tcrdirrg D7evoioper or any property tarp'
<br />Developer before; any C3ovcrluraental Authority, except as d wlosed to City in writing
<br />prior to the execution of this Agreement:,
<br />9,9 Bankruptev Io the best of Developer's knowledge, no attaehanants, execration
<br />plocced.ing,s, assignments for the benefit of creditors insolvency, hankrtaptoy,
<br />reorganization or father procecahngs, are pending, or threatened against Developer, i'mr are
<br />ally ofsncla proceedings contemplated by Developer.
<br />a) 10 Information Accurate. To [tic bcy,t of Developers kavowvlcdge„ all mforniatisrn,
<br />regardless of its form, conveyed by Developer to City, by whatever nvcans, is accurate,
<br />correct and sarftia;iently crrrarplete to give City true and accurate knowledge ofits swlajeei
<br />naatt.er, and aDoes not Contain any misrepresentation or C' mission-
<br />x).1.1 Conflicts ol`lnterest. No member, ollicial or envployee, of the City shall have atay
<br />per.sonat interest, dire a or indirect, in this Agreement, nor shall any Brach triernber, ofikial or
<br />employe *e participate in aarry decision relating to this Ag r?ecnrcnt which alTocts DrisAwj,
<br />Personal into es*, or the interests ofaany corporation, parinership or-association in which .
<br />he she ]Taus a darect or indirect financial interest. The Dcvdoper wvaarraavts that it neither has
<br />paid rear given, nor will pay or give, any third panty any nioney or other consideration Im
<br />obtaining this Agrecrrrent.
<br />9 1 "p 1" omiliabilitt' of C iii CXiflciaair arzek 1 xntl0o 'ecs. Nta rutcrarlaar, aa[ti rr�al car eazvpaloye;a of
<br />the City shall be personally tiablc to the Dewetopacr in the event cif anry (etiaaalt or brcach by
<br />the City or for any amount whlelt rna;y become due Sea T,)4wveloper or on any o1hii gatlons under
<br />the tcrlars of this Aprecrnacnt.
<br />9,11 No Assig_umeaat. Developer expressly acknowledges and agrees 1lrak the City has
<br />only agreed to assist the Dewtoper as a nrc.ans by which to induce, the
<br />a elatatri lit utroar;'developnreart of tl la^ Property, Accordingly, Developer further expl esdy
<br />ackuowlodggcs and agrees that this Agreement is as personal right ol'I]ewelopev that i. raeadlaer
<br />negotiable,1r�mstt�rable, nor assignable except as set hntb here rn. Developer may assiggn .
<br />some or all of its rights under the Agreement only with the prior written consent of the
<br />EXCCUtive Director (such consent not to be Unreasonably withheld), except that no prior .
<br />consent is necessary liar an assipnnrent by as limiled partner of Developer to an affiliate, or as
<br />otherwwixc provided in the Deed or Trust.
<br />rust.
<br />a).14 Applicable Lair. 'Ibis Agreement tic rulerpretad, govertrcd and enforced under
<br />federal and state Laws-
<br />9,15 Third Parties, l laic Agreement is made For the ^.:rime honefit of f7)Q eloper and the
<br />City and their suceevsors and assips, and no other person cat pQrsons, shtail have anry rights
<br />or rc males Under or bw reason of this Agreement or any right to the exorcise of'any right or
<br />25H- 27
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