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ARTICLE II: REPRESENTATIONS AND WARRANTIES <br /> Recipient makes the following representations and warranties to City, which <br /> representations and warranties shall survive the execution of this Agreement: <br /> SECTION 2.01 LEGAL STATUS <br /> Recipient is a nonprofit corporation duly organized and existing under the laws <br /> of the State of California, and is qualified to do business in all jurisdictions in which <br /> it conducts business. <br /> SECTION 2.02 NO VIOLATION <br /> The making and performance by Recipient of this Agreement does not violate <br /> any provision of law, or City of San Leandro statute or ordinance, or result in a <br /> breach of or constitute a default under any agreement, indenture or other instrument <br /> to which Recipient is a party or by which Recipient may be bound. <br /> SECTION 2.03 AUTHORIZATION. <br /> This Agreement and all agreements appended hereto have been duly <br /> authorized, executed and delivered, and are valid and binding agreements of <br /> Recipient. <br /> SECTION 2.04 LITIGATION <br /> There are no pending or threatened actions or proceedings before any court or <br /> administrative agency which may adversely affect the financial condition or operation <br /> of Recipient other than those heretofore disclosed by Recipient to City in writing. <br /> SECTION 2.05 CORRECTNESS OF FINANCIAL STATEMENTS <br /> Any financial statements heretofore delivered by Recipient to City present <br /> fairly and accurately the financial condition of Recipient, and have been prepared in <br /> accordance with generally accepted accounting principles consistently applied. <br /> 3 <br />