Common use of REPRESENTATIONS OF THE OWNER Clause in Contracts

REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to the Agency and the truth and accuracy of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that any of the material representations or warranties made herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreement: (a) The Owner is duly organized and validly existing under the laws of the State of North Carolina with full power to undertake the obligations as contemplated by this Agreement. The execution and delivery of the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicable. (b) There is no action, suit or proceeding at law or in equity, or by or before any governmental instrumentality or agency, or to the knowledge of the Owner, threatened against or affecting it, which, if adversely determined, would materially impair its right or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that would materially adversely affect the Owner’s financial condition. (c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services contemplated under this Agreement and the Targeting Program Manual. (d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices. (e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connection with the Key Program; and (iii) all data and other information reported by the Owner to the Agency under this Agreement will be true, complete and accurate in all material respects, and consistent with all relevant business records, as and when provided. (f) The Owner will be responsible for the supervision and management of any property management company it engages to assist in the performance of the services or any obligation under this Agreement. The Owner shall ensure that all of its property managers comply with the terms and provisions of this Agreement. (g) The Owner agrees to maintain at all times, at Owner’s expense, until final completion of the services covered under this Agreement, unless otherwise agreed to by the Agency, insurance in the following forms and amounts:

Appears in 2 contracts

Samples: Targeting Unit Agreement, Targeting Unit Agreement (Tua)

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REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to the Agency and the truth and accuracy of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that any of the material representations or warranties made herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreement: (a) The Owner is duly organized and validly existing under the laws of the State of North Carolina with full power to undertake the obligations as contemplated by this Agreement. The execution and delivery of the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicable. (b) There is no action, suit or proceeding at law or in equity, or by or before any governmental instrumentality or agency, or to the knowledge of the Owner, threatened against or affecting it, which, if adversely determined, would materially impair its right or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that would materially adversely affect the Owner’s financial condition. (c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services contemplated under this Agreement and the Targeting Program Manual. (d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices. (e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connection with the Key Programassistance; and (iii) all data and other information reported by the Owner to the Agency under this Agreement will be true, complete and accurate in all material respects, and consistent with all relevant business records, as and when provided. (f) The Owner will be responsible for the supervision and management of any property management company it engages to assist in the performance of the services or any obligation under this Agreement. The Owner shall ensure that all of its property managers comply with the terms and provisions of this Agreement. (g) The Owner agrees to maintain at all times, at Owner’s expense, until final completion of the services covered under this Agreement, unless otherwise agreed to by the Agency, insurance in the following forms and amounts:

Appears in 1 contract

Samples: Targeting Unit Agreement (Tua) and Owner Agreement to Participate (Oap)

REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to representations as the Agency and basis for the truth and accuracy undertakings on the part of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that any of the material representations or warranties made Osceola County herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreementcontained: (aA) The Owner is a duly organized and validly existing private entity duly authorized to transact business in the State. (B) The Owner has full power and authority to enter into the transactions contemplated by this Agreement and the Property Acquisition Agreement and to carry out its obligations hereunder and thereunder. (C) The Owner is not in default under any provisions of the laws of the State material to the performance of North Carolina with full power to undertake its obligations under this Agreement or the obligations as contemplated by this Property Acquisition Agreement. . (D) The Owner has duly authorized the execution and delivery of this Agreement and the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicableProperty Acquisition Agreement. (bE) There To the Owner’s knowledge, the authorization, execution and delivery of this Agreement and the Property Acquisition Agreement and the compliance by the Owner with the provisions hereof and thereof will not conflict with or constitute a material breach of, or default under, any existing law, court or administrative regulation, decree, order or any provision of the Constitution or laws of the State relating to the Owner or its affairs, or any ordinance, resolution, agreement, mortgage, lease or other instrument to which the Owner is subject or by which it is bound. (F) To the Owner’s knowledge, there is no action, suit suit, proceeding or proceeding investigation at law or in equity, equity before or by any court, public board or before any governmental instrumentality or agencybody pending or, or to the best knowledge of the Owner, threatened against or affecting itthe Owner, whichwherein an unfavorable decision, if adversely determined, would materially impair its right ruling or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that finding would materially adversely affect the Owner’s financial condition. (c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services transactions contemplated under this Agreement and the Targeting Program Manual. (d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices. (e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connection with the Key Program; and (iii) all data and other information reported by the Owner to the Agency under this Agreement will be true, complete and accurate in all material respects, and consistent with all relevant business records, as and when provided. (f) The Owner will be responsible for the supervision and management of any property management company it engages to assist in the performance of the services or any obligation under this Agreement. The Owner shall ensure that all of its property managers comply with the terms and provisions of this Agreement. (g) The Owner agrees to maintain at all times, at Owner’s expense, until final completion of the services covered under this Agreement, unless otherwise agreed the Property Acquisition Agreement or any agreement or instrument to by which the Agency, insurance Owner is a party and which is used or contemplated for use in the following forms and amounts:consummation of the transactions contemplated hereby.

Appears in 1 contract

Samples: Regulatory Agreement (Avatar Holdings Inc)

REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to the Agency and the truth and accuracy of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that If any of the material representations or warranties made herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreement: (a) The Owner is duly organized and validly existing under the laws of the State of North Carolina with full power to undertake the obligations as contemplated by this Agreement. The execution and delivery of the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicable. (b) There is no action, suit or proceeding at law or in equity, or by or before any governmental instrumentality or agency, or to the knowledge of the Owner, threatened against or affecting it, which, if adversely determined, would materially impair its right or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that would materially adversely affect the Owner’s financial condition. (c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services contemplated under this Agreement and the Targeting Program Manual. (d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices. (e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connection with the Key ProgramRental Assistance; and (iii) all data and other information reported by the Owner to the Agency under this Agreement will be true, complete and accurate in all material respects, and consistent with all relevant business records, as and when provided. (f) The Owner will be responsible for the supervision and management of any property management company it engages to assist in the performance of the services or any obligation under this Agreement. The Owner shall ensure that all of its property managers comply with the terms and provisions of this AgreementAgreement and the Targeting Program Manual. (g) The Owner agrees to maintain at all times, at Owner’s expense, until final completion of the services covered under this Agreement, unless otherwise agreed to by the Agency, insurance in the following forms and amounts:

Appears in 1 contract

Samples: Targeting Unit Agreement

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REPRESENTATIONS OF THE OWNER. The Owner hereby makes the following representations, warranties and covenants to representations as the Agency and basis for the truth and accuracy undertakings on the part of such representations and warranties and compliance with and performance of such covenants are continuing obligations of the Owner. In the event that any of the material representations or warranties made Osceola County herein cease to be true and correct or the Owner breaches any of its material covenants made herein, the Owner agrees to notify the Agency immediately and the same shall constitute an Event of Default under this Agreementcontained: (aA) The Owner is a duly organized and validly existing Florida corporation duly authorized to transact business in the State. (B) The Owner has full power and authority to enter into the transactions contemplated by this Agreement and the Property Acquisition Agreement and to carry out its obligations hereunder and thereunder. (C) The Owner is not in default under any provisions of the laws of the State material to the performance of North Carolina with full power to undertake its obligations under this Agreement or the obligations as contemplated by this Property Acquisition Agreement. . (D) The Owner has duly authorized the execution and delivery of this Agreement and the Agreement have been duly authorized by all necessary corporate action on the part of the Owner, its partners, members, officers, and/or directors, as applicableProperty Acquisition Agreement. (bE) There To the Owner’s knowledge, the authorization, execution and delivery of this Agreement and the Property Acquisition Agreement and the compliance by the Owner with the provisions hereof and thereof will not conflict with or constitute a material breach of, or default under, any existing law, court or administrative regulation, decree, order or any provision of the Constitution or laws of the State relating to the Owner or its affairs, or any ordinance, resolution, agreement, mortgage, lease or other instrument to which the Owner is subject or by which it is bound. (F) To the Owner’s knowledge, there is no action, suit suit, proceeding or proceeding investigation at law or in equity, equity before or by any court, public board or before any governmental instrumentality or agencybody pending or, or to the best knowledge of the Owner, threatened against or affecting itthe Owner, whichwherein an unfavorable decision, if adversely determined, would materially impair its right ruling or ability to carry on business substantially as now conducted, or as contemplated to be conducted under this Agreement, or that finding would materially adversely affect the Owner’s financial condition. (c) The Owner shall take all reasonable actions necessary to ensure it has the capacity to implement the services transactions contemplated under this Agreement and the Targeting Program Manual. (d) The Owner is in compliance and covenants that all services under this Agreement will be performed in compliance with, all Federal, state, and local laws, regulations, regulatory guidance, statutes, ordinances, codes and requirements applicable to the business of the Owner and the provisions of services by Owner under this Agreement. This includes, but is not limited to all Federal and state laws and regulations related to privacy/confidentiality, tenant’s rights, and those designed to prevent unfair, deceptive, and discriminatory housing practices. (e) The Owner covenants that: (i) it will perform its services and obligations in accordance with this Agreement and Applicable Laws, and will promptly provide such performance or other reporting as may be reasonably required by the Agency; (ii) it will maintain complete, accurate and appropriate records of, and supporting documentation for, all services provided in connection with the Key Program; and (iii) all data and other information reported by the Owner to the Agency under this Agreement will be true, complete and accurate in all material respects, and consistent with all relevant business records, as and when provided. (f) The Owner will be responsible for the supervision and management of any property management company it engages to assist in the performance of the services or any obligation under this Agreement. The Owner shall ensure that all of its property managers comply with the terms and provisions of this Agreement. (g) The Owner agrees to maintain at all times, at Owner’s expense, until final completion of the services covered under this Agreement, unless otherwise agreed the Property Acquisition Agreement or any agreement or instrument to by which the Agency, insurance Owner is a party and which is used or contemplated for use in the following forms and amounts:consummation of the transactions contemplated hereby.

Appears in 1 contract

Samples: Regulatory Agreement (Avatar Holdings Inc)

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