Representations and Warranties Regarding Financial Assets and Artwork. The Foundation represents and warrants that, as of the Record Date, it is unaware of other unrestricted bequests for which the Foundation has a current right to receive funds or outstanding pledges to the Foundation, other than those already disclosed during the settlement conference as set forth below in Section 1(f). The Foundation also represents and warrants that it holds no other Financial Assets or artwork not disclosed during the settlement conference or in this Settlement Agreement. The Vested Bequest amounts and Expected Pledges will be retained by the Foundation and will not be shared. If Financial Assets or artwork, in which the Foundation may have an interest, were not disclosed during the settlement conference or in this agreement, such Financial Assets or any artwork will be shared equally with the Authority. The Foundation makes no representation or warranty as to the amounts in any account currently held by the Foundation, but such amounts are subject to verification by the Authority in the manner set forth in this Settlement Agreement. The Authority represents and warrants that it is not aware of any incoming bequests or donations in which the Foundation has any interest. For purposes of this settlement agreement the term “Financial Asset” means any asset with a monetary value and that may be liquidated into immediately available funds and includes, but is not limited to, bank accounts and investment accounts, and excludes furniture, computers, and similar office equipment and furnishings.
