Common use of Business’s Covenants and Duties Clause in Contracts

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (k) SEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (l) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDCCorporation, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Beeville and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, Corporation in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (ki) SEDC Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (lj) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.505.160

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDCCorporation, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements statement contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-by- laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Pampa and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, Corporation in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 9 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which with Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (ki) SEDC Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (lj) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, Corporation and agrees to timely and fully perform the obligations and duties contained in Article IV V of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Rollingwood and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, Corporation in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV V and the remedies in Article VIIVIII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (ki) SEDC Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (l) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement.. DocuSign Envelope ID: F863D6E2-EFC2-44FC-8253-0A3F88A55427 (f) Business shall cooperate with the SEDC, in a timely manner, in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (k) SEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (l) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement.. DocuSign Envelope ID: 843AA91A-F5A2-44EA-A53E-981867A39021 (f) Business shall cooperate with the SEDC, in a timely manner, in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (k) SEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (l) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, Corporation and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Bee Cave and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of in this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, Corporation in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (ki) SEDC Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (lj) The Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within submit the sixty (60) day publication APPLICATION and protest period, and Business agrees that these funds are being distributed prior executed ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT to the sixty (60) day publication period ending.Corporation. Both documents are required and must be submitted together. Other supporting documentation will be required as set out in the application and program guidelines to validate information on the application

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDCCorporation, and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Business. (a) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (c) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Bastrop and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Business shall cooperate with the SEDC, in a timely manner, Corporation in providing all necessary information to assist them in complying with this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be in arrears and shall be current in the payment of all City taxes and fees. (ki) SEDC Corporation has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (lj) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed prior to the sixty (60) day publication period ending.

Business’s Covenants and Duties. Business makes the following covenants and warranties to the SEDC, City and agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false or substantially misleading statements contained herein in any of Business’ application or supplemental materials, or failure to timely and fully perform those obligations and duties within this Agreement Agreement, shall be an act of Default by the Business. (a) Business has disclosed to the City all past and pending applications for governmental assistance originating from CARES Act funding, including but not limited to the Collin CARES Small Business Grant, and the amounts of any funds requested and/or received from such programs. Business is expressly prohibited from seeking a City CARES Grant for expenses already reimbursed through another program, and Business may be required to refund a CARES Grant (or return other funds to another agency) issued in association with costs claimed in association with another program. (b) Business is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (bc) The execution of this Agreement has been duly authorized by Business’s authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Business’s by-laws, or of any agreement or instrument to which Business is a party to or by which it may be bound. (cd) Business is not a party to any Bankruptcy proceedings currently pending or contemplated, and Business has not been informed of any potential involuntary Bankruptcy proceedings. (de) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately belownecessary for the operations of the Business), Business has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Seabrook Princeton and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (ef) Business shall timely and fully comply with all of the terms and conditions of this Agreement. (f) . Business shall cooperate with the SEDC, in a timely manner, City in providing all necessary information to assist them in complying with this Agreement. City has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement. (g) During the term of this Agreement, Business agrees to not knowingly employ any undocumented workers as part of the Project, and, if convicted of a violation under 8 U.S.C. Section 1324a(1), Business shall be in Default (subject to the obligations in Article IV and the remedies in Article VII). Business is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Business or by a person with whom Business contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Business enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (h) Pursuant to Section 2270.002, Texas Government Code, the SEDC/City may not enter into a contract for goods or services unless the contract contains a written verification that the contracting party: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. By executing this Agreement, Business verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement. (i) Pursuant to Section 2252.152, Texas Government Code, Business warrants, represents, and agrees that it is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran or a foreign terrorist organization. (j) Business shall not be have been in arrears and shall be current in the on its payment of all City taxes and fees. (k) SEDC has the right to periodically (fees that were due and with reasonable advance notice) verify the terms and conditions of this Agreement, and Business specifically shall timely make its payroll/employment records available to SEDC upon its request. (l) Business shall repay all relief funds should a Chapter 501-505, et seq., Section 505.160 petition be filed within the sixty (60) day publication and protest period, and Business agrees that these funds are being distributed owing prior to the sixty (60) day publication period endingMayor Xxxx-Xxxx Xxxxxxxx’s declaration of a local disaster for public health emergency on March 16, 2020.