Representations and Warranties by County. The County makes the following representations and warranties as the basis for the undertakings on its part herein contained:
Representations and Warranties by County. The County represents and warrants to TPA as follows:
Representations and Warranties by County. The County represents and warrants as follows:
Representations and Warranties by County. 9 Section 2.02. Representations and Warranties by Company 10 ARTICLE III UNDERTAKINGS OF THE COUNTY 11 Section 3.01. Agreement to Accept FILOT Payments 11 Section 3.02. No Warranties by County 11 Section 3.03. Invalidity 11 ARTICLE IV UNDERTAKINGS OF THE COMPANY 12 Section 4.01. Investment by Company in Project 12 Section 4.02. Reporting and Filing 12 Section 4.03. Modification of Project. 13 ARTICLE V PAYMENTS IN LIEU OF TAXES 14 Section 5.01. Payments in Lieu of Ad Valorem Taxes 14 ARTICLE VI PAYMENTS BY COMPANY 16 Section 6.01. Defaulted Payments 16
Representations and Warranties by County. 9 Section 2.02. Representations and Warranties by Company 10 ARTICLE III UNDERTAKINGS OF THE COUNTY 10 Section 3.01. Agreement to Accept FILOT Payments 10 Section 3.02. No Warranties by County 11 Section 3.03. Invalidity 11 ARTICLE IV UNDERTAKINGS OF THE COMPANY 12 Section 4.01. Investment by Company in Project 12 Section 4.02. Reporting and Filing 12 Section 4.03. Modification of Project. 13 ARTICLE V PAYMENTS IN LIEU OF TAXES 14 Section 5.01. Payments in Lieu of Ad Valorem Taxes 14 ARTICLE VI PAYMENTS BY COMPANY 17 Section 6.01. Defaulted Payments 17 ARTICLE VII CASUALTY AND CONDEMNATION 18 Section 7.01. Adjustments in the Event of Damage and Destruction or Condemnation. 18 ARTICLE VIII PARTICULAR COVENANTS AND AGREEMENTS 18 Section 8.01. Use of Project for Lawful Activities. 18 Section 8.02. Assignment 18 Section 8.03. Indemnification 18 Section 8.04. Sponsors and Sponsor Affiliates 20 ARTICLE IX FINANCING ARRANGEMENTS; CONVEYANCES; ASSIGNMENTS 20 Section 9.01. Conveyance of Liens and Interests; Assignment 20 Section 9.02. Relative Rights of County and Financing Entities as Secured Parties. 21 ARTICLE X TERM; TERMINATION 21 Section 10.01. Term 21 Section 10.02. Termination 21 ARTICLE XI EVENTS OF DEFAULT AND REMEDIES 22 Section 11.01. Events of Default by Company 22 Section 11.02. Remedies on Event of Default by Company. 23 Section 11.03. Default by County. 23 ARTICLE XII MISCELLANEOUS 24 Section 12.01. Rights and Remedies Cumulative. 24 Section 12.02. Successors and Assigns. 24 Section 12.03. Administration Expenses 24 Section 12.04. Rules of Construction. 24 Section 12.05. Notices; Demands; Requests. 24 Section 12.06. Applicable Law 25 Section 12.07. Entire Understanding. 25 Section 12.08. Severability 25 Section 12.09. Headings and Table of Contents; References 25 Section 12.10. Multiple Counterparts 26 Section 12.11. Amendments. 26 Section 12.12. Waiver 26 Section 12.13. Force Majeure 26 FEE AGREEMENT This FEE AGREEMENT (this “Agreement”) is dated as of [March 18, 2019], by and between [PROJECT TC], a [ ] (the “Company”), and Dorchester County, South Carolina, a body politic and corporate and a political subdivision of the State of South Carolina (the “County”).
