Agmt 2000 Davis Street Community Center

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SECTION 2.02 NO VIOLATION The making and performance by Recipient of this Agreement does not violate any provision of law, or City of San Leandro statute or ordinance, or result in a breach of or constitute a default under any agreement, indenture or other instrument to which Recipient is a party or by which Recipient may be bound. SECTION 2.03 AUTHORIZATION This Agreement and all agreements appended hereto have been duly authorized, executed and delivered, and are valid and binding agreements of Recipient. SECTION 2.04 LITIGATION There are no pending or threatened actions or proceedings before any court or administrative agency which may adversely affect the financial condition or operation of Recipient other than those heretofore disclosed by Recipient to City in writing. SECTION 2.05 CORRECTNESS OF FINANCIAL STATEMENTS Any financial statements heretofore delivered by Recipient to City present fairly and accurately the financial condition of Recipient, and have been prepared in accordance with generally accepted accounting principles consistently applied. SECTION 2.06 SUBORDINATION AND ASSIGNMENT City's security interest shall not be subordinated to any other lien or security instrument, except by written consent of City. The Recipient may assign this Agreement and all obligations thereto to any nonprofit corporation, subject to the written approval of the Development Services Director. SECTION 2.07 TAXES Recipient has filed any required tax returns and has paid and agrees to continue to pay in full in a timely manner all taxes or assessments which have or may become due pursuant to said returns or pursuant to any assessments levied against Recipient or its personal or real property by any taxing agency, federal, state, or local. No tax liability has been assessed by the Internal Revenue Service or other taxing agency, federal, state or local, for taxes materially in excess of those already provided for and the Recipient knows of no basis for any such deficiency assessment. SECTION 2.08 PERMITS. FRANCHISES Recipient possesses, and will hereafter possess, all permits, memberships, franchises, contracts, and licenses required and all trademark rights, trade name rights, patents, patent rights, and fictitious name rights necessary to enable it to conduct the business in which it is now engaged without conflict with the rights of others.