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<br />remedies including specific performance may be unavailable. <br />(E) The execution, delivery and performance of this Agreement by the Zone <br />does not require the consent or approval of any person which has not been obtained. <br />2.3 . The Developer hereby represents to the <br />Authority and the Zone that: <br />(A) The Developer is duly authorized, created and existing in good standing <br />under the laws of the State and is qualified to do business in the State. <br />(B) The Developer has the power, authority and legal right to enter into and <br />perform its obligations set forth in this Agreement, and the execution, delivery and <br />performance hereof, (i) have been duly authorized by requisite corporate action, (ii) will <br />not, to the best of its knowledge, violate any judgment, order, law or regulation <br />agreement and/or other governing document(s), and (iii) do not constitute a default under <br />or result in the creation of, any lien, charge, encumbrance or security interest upon any <br />assets of the Developer under any agreement or instrument to which the Developer is a <br />party or by which the Developer or its assets may be bound or affected. <br />(C) The Developer will have sufficient capital to perform its obligations under <br />this Agreement as and when needed. <br />(D) This Agreement has been duly authorized, executed and delivered and <br />constitutes a legal, valid and binding obligation of the Developer, enforceable in <br />accordance with its terms except to the extent that (i) the enforceability of such <br />instruments may be limited by bankruptcy, reorganization, insolvency, moratorium or <br />other similar laws of general application in effect from time to time relating to or <br />specific performance may be unavailable. <br />(E) The Developer will comply with any and all City development ordinances <br />and other requirements applicable to the Project Site and/or the Project, including, <br />without limitation, the Plans and Specifications for the Project approved by the City and <br />any planned development or zoning ordinance covering the Project Site. <br />- <br />- <br />- <br />- <br />- <br />- <br />- <br />-- <br />5 <br />011782.0153271 EMF_US 84032577v3 <br /> <br />