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28 <br /> 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 /> H. 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 />