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II. DEVELOPER COVENANTS AND REPRESENTATIONS <br />A. The Developer shall develop the Project in accordance with the plan and schedule <br />of development submitted to the City and currently on file (the "Development Plan"), the <br />modification of which may be approved by the City consistent with and in compliance with <br />the current rules and regulations of the City. Buildings constructed on the Property shall <br />be of the general design as shown in the Development Plan. <br />B. The Developer agrees that the Project will be constructed in a manner which is <br />consistent with generally accepted construction industry standards and guidelines <br />applicable to similar projects and in conformity with installation guidelines as may be <br />recommended by various manufacturers of the building materials. If any portion of the <br />Project does not meet the requirements of the City's zoning regulations, then the Developer <br />must obtain the applicable City approvals for the portion(s) of the Project through the <br />appropriate reviewing body or reconstruct the noncomplying portion of the Project. <br />C. The Developer, and any successors and assigns who subsequently become subject <br />to this Agreement in accordance with Section XX(D) hereof (an "Assignee"), shall comply <br />with all regulations and provisions set forth in the City' s zoning code, subject to any now <br />existing or hereafter applicable variances. The Developer, and any Assignee, shall also <br />comply with any applicable Federal, State and local regulations in addition to any of the <br />requirements set forth in the zoning code. <br />D. The Developer further represents and warrants to the City that: <br />(1) It is authorized to do business under the laws of the State of Ohio and is <br />fully qualified to transact its business in the State of Ohio; <br />(2) It is not in violation of or in conflict with any provisions of the laws of the <br />United States of America or the State applicable to the Developer that would <br />impair its ability to carry out its obligations contained in this Agreement; <br />(3) This Agreement has, by proper action, been duly authorized, executed and <br />delivered by the Developer, and all steps necessary to be taken by the <br />Developer, have been taken to constitute this Agreement, and the covenants <br />and agreements of the Developer contemplated herein and therein, are valid <br />and binding obligations of the Developer, enforceable in accordance with <br />their terms; <br />(4) It has full power and authority to execute, deliver and perform this <br />Agreement, <br />(5) To the best of Developer's knowledge, the execution, delivery and <br />performance of this Agreement do not, and will not, violate any provision <br />of law applicable to the Developer or the Developer's organizational or <br />operating agreements, and neither the entering into this Agreement nor the <br />performance thereof will constitute a violation or breach by the Developer <br />of any contract, agreement, understanding or instrument to which the <br />3 <br />15785832v23 <br />