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The Town and the County each represent to the other to the best of their respective <br />knowledge: <br />A. The Town and the County have all requisite power and authority to execute <br />this Agreement, and any other instruments required to be delivered by the <br />Town or the County hereunder. <br />B. The Town's and the County's entry into this Agreement will not violate any <br />private restriction or agreement or, to the best of the Town's or the County's <br />knowledge without investigation or inquiry, any applicable statute, ordinance, <br />governmental restriction or regulation. <br />C. During the Term, the Town will not execute or create any lease, contract, option, <br />easement, covenant, condition, restriction, lien or encumbrance with respect to <br />the Property or any portion thereof without the written consent of County <br />unless the same is terminable upon no more than sixty (60) days written notice, <br />or otherwise may be cleared on or before any Closing or Lease Commencement <br />Date that may be contemplated in any Contract that may be entered into between <br />the Town and the County, or that otherwise will be subordinated to the County's <br />potential ground lease. <br />D. There is no pending or threatened action, litigation, bankruptcy, <br />condemnation, or other proceeding of any kind pending against the Town or <br />the County which materially adversely affects the Property. <br />E. No broker, finder or other intermediary is involved in the transaction <br />contemplated by this Agreement, and that no brokerage fee or commission is <br />due and payable by the Town or the County upon any lease or conveyance of <br />the Property. <br />F. The Town has not received written notice of any violations of any laws, <br />ordinances or similar rules and regulations relating and/or applicable to the <br />ownership, use and operation of the Property as it is now operated, and/or <br />other licenses or permits, which remain uncured. <br />G. No assessments or special assessments for public improvements or otherwise <br />have been levied or are now affecting the Property. <br />R To the best of the Town's present knowledge, the Property is not within an area <br />determined to be flood -prone under the Federal Flood Protection Act of 1973. <br />ARTICLE VIII <br />Remedies And Dispute Resolution <br />A. Concerning Remedies. The exercise of a particular remedy does not preclude <br />the exercise of any or all other available remedies herein except as provided <br />12 <br />