Common use of Developer’s Deliveries Clause in Contracts

Developer’s Deliveries. On or before the Closing Date, subject to the terms and conditions of this Agreement, Developer shall execute, notarize, and deliver, as applicable, to Settlement Agent: (a) the Purchase Price in full, except to the extent the Purchase Price has been adjusted pursuant to Section 2.6 herein, and any funds in excess of the Purchase Price, if so required by the Settlement Statement to be executed at Closing; (b) the Performance Bond to be held by District; (c) all documents, in final form, required to close on the financing for Developer’s construction of the Project; Developer must close on all financing from Developer’s lender on the scheduled Closing Date for the Property; (d) the fully executed Development and Completion Guaranty; (e) the Affordability Covenant in recordable form to be recorded in the Land Records against the applicable Parcel(s); (f) the Declaration in recordable form to be recorded in the Land Records against the Property; (g) a certification of Developer’s representations and warranties executed by Developer stating that all of Developer’s representations and warranties set forth herein are true and correct as of and as if made on the Closing Date; (h) copies of all submissions and applications for Permits to the DCRA, submitted pursuant to the Development Plan; (i) copies of all Permits obtained by Developer required under Section 105A of Title 12A of the D.C. Municipal Regulations; (j) a copy of the fully executed CBE Agreement; (k) a copy of the fully executed First Source Agreement; (l) the following documents evidencing the due organization and authority of Developer to enter into, join and consummate this Agreement and the transactions contemplated herein: (i) The organizational documents and a current within thirty (30) days of Closing certificate of good standing issued by the District of Columbia; (ii) Authorizing resolutions, in form and content reasonably satisfactory to District, demonstrating the authority of the entity and of the Person executing each document on behalf of Developer in connection with this Agreement and development of the Project; (iii) Evidence of satisfactory liability, casualty and builder's risk insurance policies in the amounts, and with such insurance companies, as required in Article 10 of this Agreement; (iv) Any financial statements of Developer that may be requested by District; (v) An opinion of counsel that Developer is validly organized, existing and in good standing in the District of Columbia, that Developer has the full authority and legal right to carry out the terms of this Agreement and the documents to be recorded in the Land Records, that Developer has taken all actions to authorize the execution, delivery, and performance of said documents and any other document relating thereto in accordance with their respective terms, that none of the aforesaid actions, undertakings, or agreements violate any restriction, term, condition, or provision of the organizational documents of Developer or any contract or agreement to which Developer is a party or by which it is bound and that the Documents are enforceable against the Developer; and (m) Any and all other deliveries required from District on the Closing Date under this Agreement and such other documents and instruments as are customary and as may be reasonably requested by District or Settlement Agent to effectuate the transactions contemplated by this Agreement.

Developer’s Deliveries. On or before the Closing Date, subject to the terms and conditions of this Agreement, Developer shall execute, notarize, and deliver, as applicable, to Settlement Agent: (a) the Purchase Price in full, except to the extent the Purchase Price has been adjusted pursuant to Section 2.6 herein, and any funds in excess of the Purchase Price, if so required by the Settlement Statement to be executed at Closingclosing; (b) the Performance Bond to be held by District; (c) all documents, in final form, required to close on the equity and debt financing for Developer’s construction of the Project; Developer must close on all equity and debt financing from Developer’s lender on the scheduled Closing Date for the Property; (d) the fully executed Development and Completion Guaranty; (e) the Affordability Covenant in recordable form to be recorded in the Land Records against the applicable Parcel(s); (f) the Declaration in recordable form to be recorded in the Land Records against the Property; (g) a certification of Developer’s representations and warranties executed by Developer Xxxxxxxxx stating that all of Developer’s representations and warranties set forth herein are true and correct as of and as if made on the Closing Date; (h) copies of all submissions and applications for Permits to the DCRADistrict of Columbia Department of Buildings (“DOB”), submitted pursuant to the Development Plan; (i) copies of all Permits obtained by Developer required under Section 105A of Title 12A of the D.C. Municipal Regulations; (j) a copy of the fully executed CBE Agreement; (k) a copy of the fully executed First Source Agreement; (l) the following documents evidencing the due organization and authority of Developer to enter into, join and consummate this Agreement and the transactions contemplated herein: (i) The organizational documents and a current within thirty (30) days of Closing certificate of good standing issued by the District of Columbia; (ii) Authorizing resolutions, in form and content reasonably satisfactory to District, demonstrating the authority of the entity and of the Person executing each document on behalf of Developer in connection with this Agreement and development of the Project; (iii) Evidence of satisfactory liability, casualty and builder's risk insurance policies in the amounts, and with such insurance companies, as required in Article 10 11 of this Agreement; (iv) Any financial statements of Developer that may be requested by District; (v) An If requested by District, an opinion of counsel that Developer is validly organized, existing and in good standing in the District of Columbia, that Developer has the full authority and legal right to carry out the terms of this Agreement and the documents to be recorded in the Land Records, that Developer has taken all actions to authorize the execution, delivery, and performance of said documents and any other document relating thereto in accordance with their respective terms, that none of the aforesaid actions, undertakings, or agreements violate any restriction, term, condition, or provision of the organizational documents of Developer or any contract or agreement to which Developer is a party or by which it is bound and that the Documents are enforceable against the Developerbound; and (m) Any and all other deliveries required from District on the Closing Date under this Agreement and such other documents and instruments as are customary and as may be reasonably requested by District or Settlement Agent to effectuate the transactions contemplated by this Agreement.

Developer’s Deliveries. On or before the Closing Date, subject to the terms and conditions of this Agreement, Developer shall execute, notarize, and deliver, for each Parcel as applicable, to Settlement Agent: (a) the Purchase Price in full, except to the extent the Purchase Price has been adjusted pursuant to Section 2.6 herein, and any funds in excess of the Purchase Price, if so required by the Settlement Statement to be executed at Closing; (b) the Performance Bond to be held by District; (cb) all documents, in final form, any documents required to close on the equity and debt financing for Developer’s construction of the Project; Developer must close on all financing from Developer’s lender on the scheduled Closing Date for the Property; (d) the fully executed Development and Completion Guaranty; (ec) the Affordability Covenant in recordable form to be recorded in the Land Records against the applicable Parcel(s); (fd) the Declaration in recordable form to be recorded in the Land Records against the Property; (ge) a certification of Developer’s representations and warranties executed by Developer stating that all of Developer’s representations and warranties set forth herein are true and correct as of and as if made on the Closing Date; (hf) copies of all submissions and applications for Permits to the District of Columbia Department of Consumer and Regulatory Affairs (“DCRA”), submitted pursuant to the Development Plan; (ig) copies of all Permits or approval letters obtained by Developer required under Section 105A of Title 12A of the D.C. Municipal Regulations; (jh) a copy of the fully executed CBE Agreement; (k) a copy of the fully executed First Source Agreement; (li) the following documents evidencing the due organization and authority of Developer to enter into, join and consummate this Agreement and the transactions contemplated herein: (i) The organizational documents and a current within thirty (30) days of Closing certificate of good standing issued by the District of Columbia; (ii) Authorizing resolutions, in form and content reasonably satisfactory to District, demonstrating the authority of the entity and of the Person executing each document on behalf of Developer in connection with this Agreement and development of the Project; (iii) Evidence of satisfactory liability, casualty and builder's risk insurance policies in the amounts, and with such insurance companies, as required in Article 10 of this Agreement; (iv) Any financial statements of Developer that may be requested by District; (v) An If requested by District, an opinion of counsel that Developer is validly organized, existing and in good standing in the District of Columbia, that Developer has the full authority and legal right to carry out the terms of this Agreement and the documents to be recorded in the Land Records, that Developer has taken all actions to authorize the execution, delivery, and performance of said documents and any other document relating thereto in accordance with their respective terms, that none of the aforesaid actions, undertakings, or agreements violate any restriction, term, condition, or provision of the organizational documents of Developer or any contract or agreement to which Developer is a party or by which it is bound and that the Documents are enforceable against the Developer; anddocuments. (mj) Any and all other deliveries required from District on the Closing Date under this Agreement and such other documents and instruments as are customary and as may be reasonably requested by District or Settlement Agent to effectuate the transactions contemplated by this Agreement.

Developer’s Deliveries. On or before the Acquisition Closing Date, subject to the terms and conditions of this Agreement, Developer shall execute, notarize, and deliver, as applicable, and deliver to Settlement Agent: (a) the Purchase Price Initial Ground Lease Payment in full, except to the extent the Purchase Price has been adjusted pursuant to Section 2.6 herein, full and any funds in excess of the Purchase Priceadditional funds, if so required by the Settlement Statement to be executed delivered at Acquisition Closing; (b) the Performance Bond to be held by District; (c) all documents, in final form, required to close on the financing for Developer’s construction Memorandum of the Project; Developer must close on all financing from Developer’s lender on the scheduled Closing Date for the Property; (d) the fully executed Development and Completion Guaranty; (e) the Affordability Covenant in recordable form to be recorded in the Land Records against the applicable Parcel(s); (f) the Declaration Ground Lease in recordable form to be recorded in the Land Records against the Property; (c) the Construction and Use Covenant in recordable form to be recorded in the Land Records against the Property; (d) the Affordable Housing Covenant in recordable form to be recorded in the Land Records against the Property; (e) the fully executed Guaranty; (f) the Ground Lease; (g) a certification of Developer’s representations and warranties certificate, duly executed by Developer Developer, stating that all of Developer’s representations and warranties set forth herein are true and correct as of and as if made on the Acquisition Closing Date; (h) copies the Acquisition Closing Letter of all submissions and applications for Permits to the DCRA, submitted pursuant to the Development PlanCredit; (i) copies of all Permits obtained by Developer required under Section 105A of Title 12A of the D.C. Municipal Regulations; (j) a copy of the fully executed CBE Agreement; (k) a copy of the fully executed First Source Agreement; (l) the following documents evidencing the due organization and authority of Developer and Managing Member to enter into, join and consummate this Agreement and the transactions contemplated herein: (i) The organizational documents and a current within thirty (30) days of Closing certificate of good standing for Developer issued by the District of Columbia; (ii) Authorizing authorizing resolutions, in form and content reasonably satisfactory to District, demonstrating the authority of the entity and of the Person executing each document on behalf of Developer and Managing Member in connection with this Agreement and development of the Project;; and (iii) Evidence of satisfactory liability, casualty and builder's risk insurance policies in the amounts, and with such insurance companies, as required in Article 10 of this Agreement; (iv) Any financial statements of Developer that may be if requested by District; (v) An , an opinion of Developer’s counsel that Developer is and Managing Member are validly organized, existing and in good standing in the District of Columbia, that Developer has and Managing Member have the full authority and legal right to carry out the terms of this Agreement and the documents to be recorded in the Land Records, that Developer has and Managing Member have taken all actions to authorize the execution, delivery, and performance of said documents and any other document relating thereto in accordance with their respective terms, that none of the aforesaid actions, undertakings, or agreements violate any restriction, term, condition, or provision of the organizational documents of Developer or Managing Member or any contract or agreement to which Developer is they are a party or by which it they are bound; provided, however, that if a separate opinion is bound and provided by Developer’s counsel to an Institutional Lender covering such matters, that Developer may satisfy the Documents are enforceable against requirements of this clause (iii) by delivering a counsel letter to District stating that District shall be entitled to rely on the Developerlegal opinion provided to the Institutional Lender; and (mj) Any any and all other deliveries required from District Developer on the Acquisition Closing Date under this Agreement and such other documents and instruments as are customary and as may be reasonably requested by District or Settlement Agent Agent, and reasonably acceptable to Developer, to effectuate the transactions contemplated by this Agreement.