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

Developer’s Covenants and Duties. Developer makes the following covenants and warranties to the BEDC and agrees to timely and fully perform the obligations and duties contained in Article 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 Developer. (a) Developer 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 Xxxxxxxxx’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 Developer’s formation documents, or of any agreement or instrument to which Developer is a party to or by which it may be bound. (c) Developer is not a party to any Bankruptcy proceedings currently pending or contemplated, and Xxxxxxxxx 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), Developer has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Bastrop and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Developer shall timely and fully comply with all the terms and conditions of Article V of this Agreement. (f) Developer agrees to obtain, or cause to be obtained, all necessary permits and approvals from the City of Bastrop and/or all other governmental agencies having jurisdiction over the construction of any improvements to the Locations. (g) Developer shall be responsible for paying, or causing to be paid, to the City of Bastrop and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Project. Developer agrees to develop the Project in accordance with the ordinances, rules, and regulations of the City of Bastrop in effect on the date the Project was designated, unless specified otherwise in this Agreement. Developer, in its sole discretion, may choose to comply with any or all City of Bastrop rules promulgated after the Effective Date of this Agreement. (h) Xxxxxxxxx agrees to commence and complete the Project in strict accordance with the Agreement. (i) Developer shall cooperate with the BEDC in providing all necessary information to assist them in complying with this Agreement. (j) During the term of this Agreement, Xxxxxxxxx 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), Developer shall be in Default (subject to the obligations in Article V and the remedies in Article VIII). Developer is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Developer enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (k) Developer shall not be in arrears and shall be current in the payment of all City taxes and fees. (l) BEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement.

Developer’s Covenants and Duties. Developer makes the following these covenants and warranties to the BEDC City and agrees to timely and fully perform the obligations and duties contained in Article V VII 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 ofDefault by the Developer. (a) Developer 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 Xxxxxxxxx’s '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 Developer’s formation documents's by-laws, or of any agreement or instrument to which Developer is a party to or by which it may be bound. (c) Developer is not a party to any Bankruptcy bankruptcy proceedings currently pending or contemplated, and Xxxxxxxxx Developer has not been informed of any ofany potential involuntary Bankruptcy 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), Developer has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Bastrop and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Developer shall timely and fully comply with all of the terms and conditions of Article V of this Agreement. (f) Developer agrees to obtaincomplete, or cause to be obtainedcompleted, all necessary permits and approvals from the City of Bastrop and/or all other governmental agencies having jurisdiction over the construction of any improvements documents required to the Locations. (g) Developer shall be responsible submit a request to TxDOT for paying, or causing to be paid, to the City of Bastrop and all other governmental agencies the cost of all applicable permit fees and licenses required for construction an Environmental Assessment of the Project. Developer agrees to develop the Project in accordance with the ordinances, rules, proposed roadway and regulations of the City of Bastrop in effect on the date the Project was designated, unless specified otherwise in this Agreement. Developer, in shall use its best efforts secure a FONS! at its sole discretion, may choose to comply with any or all City of Bastrop rules promulgated after the Effective Date of this Agreementcost and expense. (h) Xxxxxxxxx agrees to commence and complete the Project in strict accordance with the Agreement. (i) Developer shall cooperate with the BEDC in providing all necessary information to assist them in complying with this Agreement. (j) During the term of this Agreement, Xxxxxxxxx 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), Developer shall be in Default (subject to the obligations in Article V and the remedies in Article VIII). Developer is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Developer enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (k) Developer shall not be in arrears and shall be current in the payment of all City taxes and fees. (l) BEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement.

Developer’s Covenants and Duties. Developer makes the following these covenants and warranties to the BEDC City and agrees to timely and fully perform the obligations and duties contained in Article V of this Vil ofthis Agreement. Any false or substantially misleading statements contained I herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Developer. (a) Developer 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 ofTexas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Xxxxxxxxx’s '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 Developer’s formation documents's by-laws, or of any agreement or instrument to which Developer is a party to or by which it may be bound. (c) Developer is not a party to any Bankruptcy bankntptcy proceedings currently pending or contemplated, and Xxxxxxxxx Developer has not been informed of any potential involuntary Bankruptcy 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), Developer has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the City of Bastrop and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Developer shall timely and fully comply with all the terms and conditions of Article V of this Agreement. (f) Developer agrees to obtain, or cause to be obtained, all necessary permits and approvals from the City of Bastrop and/or all other governmental agencies having jurisdiction over the construction of any improvements to the Locations. (g) Developer shall be responsible for paying, or causing to be paid, to the City of Bastrop and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Project. Developer agrees to develop the Project in accordance with the ordinances, rules, and regulations of the City of Bastrop in effect on the date the Project was designated, unless specified otherwise in this Agreement. Developer, in its sole discretion, may choose to comply with any or all City of Bastrop rules promulgated after the Effective Date of this Agreement. (h) Xxxxxxxxx agrees to commence and complete the Project in strict accordance with the Agreement. (i) Developer shall cooperate with the BEDC in providing all necessary information to assist them in complying with this Agreement. (j) During the term of this Agreement, Xxxxxxxxx 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), Developer shall be in Default (subject to the obligations in Article V and the remedies in Article VIII). Developer is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Developer enters into with any subsidiary, assignee, affiliate, or franchisee for which funds provided herein will be used. (k) Developer shall not be in arrears and shall be current in the payment of all City taxes and fees. (l) BEDC has the right to periodically (and with reasonable advance notice) verify the terms and conditions of this Agreement.