Common use of DEVELOPER’S AUTHORITY Clause in Contracts

DEVELOPER’S AUTHORITY. Developer represents that it has the right to enter into this Agreement and perform the requirements set forth herein. The Developer’s performance under this Agreement shall be lawful and shall not violate any applicable judgment, order, or regulation nor result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City or the Board, except that this Agreement shall constitute a claim against the TIRZ Fund only from Available Tax Increment to the extent provided herein. Developer shall have sufficient capital, from one or more sources selected by Developer, including but not limited to the financing of the Project, to perform all of its obligations under this Agreement when it needs to have said capital.

DEVELOPER’S AUTHORITY. Developer represents that it has the right to enter into this Agreement and perform the requirements set forth herein. The Developer’s performance under this Agreement shall be lawful and shall not violate any applicable judgment, order, or regulation nor result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City or the Board, except that this Agreement shall constitute a claim against the TIRZ Fund only from Available Tax Increment to the extent provided herein. Developer shall have sufficient capital, from one or more sources selected by Developer, including but not limited to the financing of the Project, capital to perform all of its obligations under this Agreement when it needs to have said capital.

DEVELOPER’S AUTHORITY. Developer represents that it has they each have the right to enter into this Agreement and perform the requirements set forth herein. The Developer’s performance under this Agreement shall be lawful and shall not violate any applicable judgment, order, or regulation nor result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City or the Board, except that this Agreement shall constitute a claim against the TIRZ Fund only from Available Tax Increment to the extent provided herein. Developer shall have sufficient capital, from one or more sources selected by Developer, including but not limited to the financing of the Project, to perform all of its their obligations under this Agreement when it needs to have said capital.