Common use of Developer’s Representations and Warranties Clause in Contracts

Developer’s Representations and Warranties. Developer represents and warrants to Owner that: 2.1 It is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware. 2.2 It has the requisite power and authority to carry on its business as now being conducted and as contemplated by this Agreement. 2.3 It has the power to execute, deliver and perform this Agreement, and the execution, delivery and performance of the terms and provisions of this Agreement on its part to be observed or performed have been duly authorized by all requisite corporate action on the part of Developer and will not (i) violate any provision of law, any order of any court or governmental instrumentality or other agency, or any indenture, agreement or other instrument to which it is a party or by which it is bound, (ii) be in conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument or (iii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the assets of Developer.