No litigation or adverse condition. To the best of the Developer’s knowledge, there is no pending or threatened litigation, administrative proceeding, or other claim pending or threatened against the Developer that, if decided or determined adversely, would have a material adverse effect on the ability of the Developer to meet its obligations under this Agreement; nor is there any fact or condition of the Property known to the Developer that may have a material adverse effect on the Developer’s ability to complete construction on the Property as contemplated under the Permit Application.
No litigation or adverse condition. To the best of the Town's knowledge, there is no pending or threatened litigation, administrative proceeding or other proceeding pending or threatened against the Town which, if decided or determined adversely, would have a material adverse effect on the ability of the Town to undertake its obligations under this Agreement nor is there any fact or condition of the Property known to the Town that may have a material adverse effect on Developer's ability to Develop the Property as contemplated under the FPSP.
