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<br />Grantee has filed all required tax returns and has paid or made provision for the payment of <br />all taxes which have or may become due pursuant to said returns or pursuant to any assessments <br />levied against Grantee or its personal or real property by any federal, state, or local taxing agency. <br />The Internal Revenue Service, or any other federal, state, or local taxing agency, has not asserted <br />any tax liability against Grantee for taxes materially in excess of those already provided for, and <br />Grantee knows of no basis for any such deficiency assessment. <br /> <br />Section 3.08 <br /> <br />No Adverse Chanae <br /> <br />Since the date of application for the GRANT, there has been no material and adverse <br />change in the financial condition, organization, operation, business prospects, fixed assets, or <br />personnel of Grantee. <br /> <br />Section 3.09 <br /> <br />Material Fact <br /> <br />No representation or warranty contained or made in this Agreement, and no certificate, <br />schedule, or other document furnished or to be furnished in connection with this Agreement <br />contains or will contain a misstatement of material fact or omits or will omit to state a material fact <br />required to be stated herein or therein. <br /> <br />Section 3.10 <br /> <br />Prohibition of Conflict of Interest <br /> <br />No individual who is an employee, officer, agent, consultant of the City, an elected public <br />official, member of the City Council or appointed City public official, who exercises or has exercised <br />any functions or responsibilities with respect to any activities that are connected with this Project <br />or who is in a position to participate in a decision-making process or to gain inside information with <br />regard to the Project, may obtain a personal or financial interest or benefit from the Project. <br /> <br />Nothing in this section shall prevent an individual connected with the Project from acting on <br />a board which acts only in an advisory capacity, if that individual's connection to the Project is <br />made known to the advisory body so that the advisory body may take action to address any <br />conflict, including committee assignment, voting privilege5, or attendance at meetings involving <br />issues which may affect the Project. <br /> <br />Also, the aforementioned individuals shall not have an interest in any contract, subcontract, <br />or agreement with respect thereto, or in the proceeds thereunder, either for themselves, or those <br />with whom they have family or business ties. The above restrictions shall apply to all activities <br />comprising the Project, and shall cover any such interest or benefit during or at any time after, <br />such person's tenure and for one year thereafter. <br /> <br />Section 3.11 <br /> <br />Full Understandina and Voluntary Acceptance <br /> <br />Grantee represents that Grantee has had reasonable opportunity in the negotiation of this <br />Agreement. Therefore, in any construction of this Agreement, the Agreement shall not be <br />construed against any party on the basis that the party was the drafter. <br /> <br />Page 6 of 16 <br />