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

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the Project. D. Owner acknowledges that the Project is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s facility is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Black Hills Works, Inc. facility on the Property is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision any provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s facility the Black Hills Area Habitat for Humanity housing on the Property is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision any provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Youth & Family Services, Inc. facility on the Property is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision any provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Lutheran Social Services – New Alternatives Program facility is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Canyon Lake Senior Center facility is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision any provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be and authorized to perform the activities contemplated by the Project Property Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project Property were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project Property is and shall remain in accordance with Section 42 of the United States Code and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project Property to non-compliance with Section 42 of the United States Code or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Youth and Family Services QALICB, Inc. facility is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility will comply with Section 42 of the United States Code. F. Owner warrants that it has not and will not execute any other agreement with provision any provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.

Owner’s Representations and Warranties. A. Owner is and shall continue to be duly organized under the laws of the State of South Dakota as the type of entity it represents itself to be a not-for- profit corporation and a federally qualified health center, and authorized to perform the activities contemplated by the Project Financing. B. All statements and representations made by Owner to the City in connection with the Community Block Grant Funding allocation or relating to the Project were true and correct in all material respects when made by the Owner. C. Owner has and shall continue to have good and marketable title to the ProjectProperty. D. Owner acknowledges that the Project is and shall remain in accordance with Section Title 42 of the United States Code USC and the regulations (proposed, temporary and final), which shall include, but are not limited to compliance monitoring regulations, promulgated by the United States Treasury Department thereunder, as well as all public rulings, notices, procedures, announcements, and bulletins issued by the Internal Revenue Service (collectively, the “Regulations”) for the term of this Indenture. Owner will not knowingly take or permit to be taken any action which would, either directly or indirectly, subject Owner or the Project to non-non- compliance with Section Title 42 of the United States Code USC or the Regulations. E. During the term of this Indenture, Owner agrees and warrants that WAVI’s the Community Health Center of the Black Hills facility is and will remain suitable for occupancy and the agreed upon use thereof. In addition, Owner agrees and warrants that the use of such facility the Property and its facilities will comply with Section Title 42 of the United States CodeUSC. F. Owner warrants that it has not and will not execute any other agreement with provision provision(s) contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Indenture are paramount and controlling as to the rights and obligations set forth, and supersede any other requirements in conflict herewith.