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of all required environmental impact statements and reports; use, occupancy and building <br />permit requirements; and public utilities requirements, <br />9.7 Rights 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 Litigation. 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 />9.12 Nonliability of City Officials and Employees, No member, official or employee of <br />the City shall be personally liable to the Developer in the event of any default or breach by <br />the City or for any amount which may become due to Developer or on any obligations under <br />the terms of this Agreement. <br />9.13 No Assignment. Developer expressly acknowledges and agrees that the City has <br />only agreed to assist the Developer as a means by which to induce the <br />acquisition /rehabilitation/d'evelol)nent of the Property. Accordingly, Developer further <br />expressly acknowledges and agrees that this Agreement is a personal right of Developer that <br />is neither negotiable, transferable, nor assignable except as set forth herein. Developer may <br />assign some or all of its rights under the Agreement only with the prior written consent of <br />the Executive Director (such consent not to be unreasonably withheld), except that no prior <br />consent is necessary for an assignment by a limited partner of Developer to an affiliate, or as <br />otherwise provided in the Deed of Trust. <br />9.14 Applicable Law. This Agreement shall be interpreted, governed and enforced under <br />federal and state laws, <br />20 <br />25C -24 <br />