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Grantee represents that Grantee has had reasonable opportunity in the negotiation of this Agreement. <br />Therefore, in any construction of this Agreement, the Agreement shall not be construed against any party on <br />the basis that the party was the drafter. <br />In entering this Agreement, Grantee represents that it relied upon the advice of its attorneys who are <br />attorneys of their own choice and that the terms of this Agreement and attached Exhibits and documents have <br />been completely read and explained to Grantee by B Grantee's attorneys, and that the terms are fully <br />understood and voluntarily accepted by Grantee. Grantee represents that the City afforded Grantee the <br />opportunity to completely read and ask questions of the City concerning the terms of this Agreement and <br />attached Exhibits and documents and that Grantee fully understands and voluntarily accepts those terms. <br />ARTICLE IV - CONDITIONS OF GRANT <br />The obligation of the City to make the Grant shall be subject to the fulfillment to the City's satisfaction <br />on the Execution Date of each of the following requirements set forth in Section 4.01 through Section 4.06. <br />Section 4.01 Execution and Delivery of Grant Documents <br />Grantee shall execute and deliver to the City the Grant Documents each in a form and substance <br />satisfactory to the City and its attorneys. <br />Section 4.02 Governmental Approval <br />Grantee shall secure all approvals, permits, and consents of governmental bodies having jurisdiction <br />with respect to any Project activities. <br />Section 4.03 Approval of Others <br />Grantee shall secure all necessary approvals and consents required with respect to this transaction by <br />any mortgagor, creditor, or other party having any financial interest in Grantee or Grantee's property. <br />Section 4.04 No Event of Default and Representations and Warranties <br />There shall exist as of the Closing Date no event or condition, which constitutes an Event of Default as <br />hereinafter defined in Article VII, or which, after notice or lapse of time or both, would constitute such an <br />Event of Default and no such event shall occur as a result of such borrowing. <br />ARTICLE V - AFFIRMATIVE COVENANTS <br />Grantee shall comply with the following covenants set forth in this article from the Execution Date until <br />the end of the Project or until the rebate cap of $100,000 is reached, unless the City otherwise consents in <br />writing. <br />Section 5.01 Payment of Other Indebtedness <br />Page 7 of 22 <br />