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Section 3.07 Tag Returns and Payments <br />Borrower has filed all required tax returns and has paid or made provision for the payment of all <br />taxes which have or may become due pursuant to said returns or pursuant to any assessments levied against <br />Borrower or its personal or real property by any federal, state, or local taxing agency. The Internal Revenue <br />Service, or any other federal, state, or local taxing agency, has not asserted any tax liability against Borrower <br />for taxes materially in excess of those already provided for, and Borrower knows of no basis for any such <br />deficiency assessment. <br />Section 3.08 No Adverse Change <br />Since the date of application for the Loan, there has begin o material and adverse change in the <br />financial condition, organization, operation, business prospects, fixed assets, or personnel of Borrower. <br />Section 3.09 Material Fact <br />No representation or warranty contained or Ynade in this Agreement, add ;no certificate, schedule, <br />,, or other document furnished or to be furnished in conction with this Agreement contains or will contain <br />xte <br />a misstatement of material fact or omits or will omit to sate a material fact required t be stated herein or <br />therein. <br />Section 3.10 Prohibition of Conflict <br />Also, the aforementione' -, dividual" shall not have an interest in any contract, subcontract, or <br />agreement with respect thereto, or `in :.the proceeds thereunder, either for themselves or those with whom <br />they have family or W§mess ties T above restrictions shall apply to all activities comprising the Project, <br />and shall cover any sued ipterest t benefit during or at any time after, such person's tenure and for one <br />year thereafter. <br />Borrower represents that Borrower has had reasonable opportunity in the negotiation of this <br />Agreement. Therefore, in any construction of this Agreement, the Agreement shall not be construed against <br />any party on the basis that the party was the drafter. <br />In entering this Agreement, Borrower represents that it relied upon the advice of its attorneys who <br />are attorneys of their own choice and that the terms of this Agreement and attached Exhibits and documents <br />have been completely read and explained to Borrower by Borrower's attorneys, and that the terms are fully <br />understood and voluntarily accepted by Borrower. Borrower represents that the City afforded Borrower the <br />Page 6 of 30 <br />