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1.2 “City Loan” is defined in Section 5.1. <br />1.3 “City Documents” is defined in Recital F. <br />1.4 “City Note” is defined in Section 5.1. <br />1.5 “Claims” is defined in Section 3.17. <br />1.6 “Conditions of Approval” is defined in Section 3.2. <br />1.7 “Construction Plans” is defined in Section 3.11. <br />1.8 “Environmental Laws” is defined in Section 9.4. <br />1.9 "Ground Leasehold Interest" is defined in Recital B. <br />1.10 “Hazardous Materials” is defined in Section 9.3. <br />1.11 “HOME Loan” is defined in Recital F <br />1.12 “HOME Note” is defined in Recital K <br />1.13 “Improvements” is defined in Section 3.9. <br />1.14 “Indemnitees” is defined in Section 3.17. <br />1.15 “Project” is defined in Recital B and further described in Section 3.2. <br />1.16 “Regulatory Agreement” is defined in Recital K. <br />1.17 "Security Agreement” is defined in Recital K and the substantial form is <br />attached as Exhibit I to this Agreement. <br /> <br />ARTICLE II. <br /> <br />REPRESENTATIONS; EFFECTIVE DATE AND TERM <br />2.1 Developer's Representations. Developer represents and warrants as follows, and <br />Developer covenants that until the expiration or earlier termination of this Agreement, upon <br />learning of any fact or condition which would cause any of the warranties and representations in <br />this Section 2.1 not to be true, Developer shall immediately give written notice of such fact or <br />condition to City. Developer acknowledges that City shall rely upon Developer’s representations <br />made herein notwithstanding any investigation made by or on behalf of City. <br />(a) Authority. Developer is a limited partnership duly organized and in good <br />standing under the laws of the State of California. Developer has the full right, power and <br />authority to undertake all obligations of Developer as provided herein, and Developer’s <br />144\259\1892880.4 <br />3