Laserfiche WebLink
(B) The Authority has the power, authority and legal right to enter into and <br />perform this Agreement and the execution, delivery and performance hereof (i) have been <br />duly authorized, (ii) to the best of its knowledge, will not violate any applicable <br />judgment, order, law or regulation, and (iii) do not constitute a default under, or result in <br />the creation of, any lien, charge, encumbrance or security interest upon any assets of the <br />Authority under any agreement or instrument to which the Authority is a party or by <br />which the Authority or its assets may be bound or affected. <br />(C) The Project, the Public Improvements and the Project Costs are <br />components of or are consistent with the Project Plan. <br />(D) This Agreement has been duly authorized, executed and delivered by the <br />Authority and, constitutes a legal, valid and binding obligation of the Authority, <br />enforceable in accordance with its terms except to the extent that (i) the enforceability of <br />such instruments may be limited by sovereign immunity, bankruptcy, reorganization, <br />insolvency, moratorium or other similar laws of general application in effect from time to <br />time relating to or affecting the enforcement of creditors' rights and (ii) certain equitable <br />remedies including specific performance may be unavailable. <br />(E) The execution, delivery and performance of this Agreement by the <br />Authority does not require the consent or approval of any person which has not been <br />obtained. <br />(F) The Authority has an exemption from the payment of sales and use taxes <br />pursuant to the statute under which the Authority was created. <br />2.2 Representations of the Zone_. The Zone hereby represents to the Developer that: <br />(A) The Zone is duly authorized, created and existing in good standing under <br />the laws of the State and is duly qualified and authorized to carry on the governmental <br />functions and operations as contemplated by this Agreement. <br />(B) The Zone has the power, authority and legal right to enter into and <br />perform this Agreement and the execution, delivery and performance hereof (i) have been <br />duly authorized, (ii) to the best of its knowledge, will not violate any applicable <br />judgment, order, law or regulation, and (iii) do not constitute a default under, or result in <br />the creation of, any lien, charge, encumbrance or security interest upon any assets of the <br />Zone under any agreement or instrument to which the Zone is a party or by which the <br />Zone or its assets may be bound or affected. <br />(C) The Project, the Public Improvements and the Project Costs are <br />components of or are consistent with the Project Plan. <br />(D) This Agreement has been duly authorized, executed and delivered by the <br />Zone and constitutes a legal, valid and binding obligation of the Zone, enforceable in <br />accordance with its terms except to the extent that (i) the enforceability of such <br />instruments may be limited by sovereign immunity, bankruptcy, reorganization, <br />insolvency, moratorium or other similar laws of general application in effect from time to <br />4 <br />HW US:74002297.3 <br />