Common use of Representations Warranties and Covenants of the Parties Clause in Contracts

Representations Warranties and Covenants of the Parties. 7.1. Representations of the City. 12 7.2. Representations of the Developer 12 Signatures 14 EXHIBIT A – Legal Description of Project Site EXHIBIT B – Concept Site Plan EXHIBIT C – Xxxxxxxxx’s Affidavit EXHIBIT D – Certificate of Substantial Completion EXHIBIT E – Price Road Access Agreement DEVELOPMENT AND PERFORMANCE AGREEMENT THIS DEVELOPMENT AND PERFORMANCE AGREEMENT (this “Agreement”) is made and entered into as of [*Date*], 2021, by and between the CITY OF OLIVETTE, MISSOURI, a fourth-class city organized and existing under the laws of the State of Missouri (the “City”), and [*DEVELOPER*], a Delaware limited liability company (the “Developer”).

Representations Warranties and Covenants of the Parties. 7.1. Representations of the City. City 12 7.2. Representations of the Developer 12 Signatures 14 EXHIBIT A – Legal Description of Project Site EXHIBIT B – Concept Site Plan EXHIBIT C – Xxxxxxxxx’s Affidavit EXHIBIT D – Certificate of Substantial Completion EXHIBIT E – Price Road Access Agreement DEVELOPMENT AND PERFORMANCE AGREEMENT THIS DEVELOPMENT AND PERFORMANCE AGREEMENT (this “Agreement”) is made and entered into as of [*Date*], 20212023, by and between the CITY OF OLIVETTE, MISSOURI, a fourth-fourth- class city organized and existing under the laws of the State of Missouri (the “City”), and [*DEVELOPER*]OLIVETTE ODC BREP I, L.L.C., a Delaware limited liability company company, or its affiliate or assignee (the “Developer”).

Representations Warranties and Covenants of the Parties. 7.1. Representations of the City. 12 11 7.2. Representations of the Developer 12 11 Signatures 14 13 EXHIBIT A – Legal Description of Project Site EXHIBIT B – Concept Site Plan EXHIBIT C – Xxxxxxxxx’s Affidavit EXHIBIT D – Certificate of Substantial Completion EXHIBIT E – Price Road Access Agreement DEVELOPMENT AND PERFORMANCE AGREEMENT THIS DEVELOPMENT AND PERFORMANCE AGREEMENT (this “Agreement”) is made and entered into as of [*Date*], 2021, by and between the CITY OF OLIVETTE, MISSOURI, a fourth-class city organized and existing under the laws of the State of Missouri (the “City”), and [*DEVELOPER*], a Delaware limited liability company (the “Developer”).

Representations Warranties and Covenants of the Parties. 7.1. Representations of the City. 12 7.2. Representations of the Developer 12 Signatures 14 EXHIBIT A – Legal Description of Project Site EXHIBIT B – Concept Site Plan EXHIBIT C – Xxxxxxxxx’s Affidavit EXHIBIT D – Certificate of Substantial Completion EXHIBIT E – Price Road Access Agreement DEVELOPMENT AND PERFORMANCE AGREEMENT THIS DEVELOPMENT AND PERFORMANCE AGREEMENT (this “Agreement”) is made and entered into as of [*Date*], 202120212023, by and between the CITY OF OLIVETTE, MISSOURI, a fourth-class city organized and existing under the laws of the State of Missouri (the “City”), and [*DEVELOPER*]DEVELOPER*]OLIVETTE ODC BREP I, L.L.C., a Delaware limited liability company company, or its affiliate or assignee (the “Developer”).