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13 <br /> sidewalks and other shared amenities of the Property. Because the Parties are <br /> exempt from paying ad valorem taxes, the typical procedure for apportioning each <br /> tenants a share of those taxes against common areas is not applicable. <br /> M. ORFD secures environmental regulatory approval from NC DEQ prior to the <br /> commencement of construction or provides reasonable security to cover ORFD's <br /> environmental responsibilities until regulatory approval is obtained. <br /> N. Consistent with the scope of each Parry's responsibility hereunder, all necessary <br /> and appropriate construction and crane easements will be secured by ORFD and <br /> County from all adjacent landowners. <br /> ARTICLE VII <br /> Representations and Warranties <br /> ORFD and the County each represent to the other to the best of their respective <br /> knowledge: <br /> A. ORFD and the County have all requisite power and authority to execute this <br /> Agreement, and any other instruments required to be delivered by ORFD or the <br /> County hereunder. <br /> B. ORFD's and the County's entry into this Agreement will not violate any private <br /> restriction or Agreement or to the best of ORFD's or the County's knowledge <br /> without investigation or inquiry any applicable statute, ordinance, governmental <br /> restriction or regulation. <br /> C. During the Term, ORFD will not execute or create any lease, contract, option, <br /> easement, covenant, condition,restriction, lien or encumbrance with respect to the <br /> Property or any portion thereof without the written consent of County unless the <br /> same is terminable upon no more than sixty (60) days written notice or otherwise <br /> may be cleared on or before any Closing that may be contemplated in any Contract <br /> that may be entered into between ORFD and the County. <br /> D. There is no pending or threatened action, litigation,bankruptcy, condemnation, or <br /> other proceeding of any kind pending against ORFD or the County which <br /> materially adversely affects the Property. <br /> E. No broker, finder or other intermediary is involved in the transaction contemplated <br /> by this Agreement, and that no brokerage fee or commission is due and payable by <br /> ORFD or the County upon any conveyance of the Property. <br /> F. ORFD has not received written notice of any violations of any laws, ordinances <br /> or similar rules and regulations relating and/or applicable to the ownership,use and <br /> operation of the Property as it is now operated, and/or other licenses or permits, <br /> which remainuncured. <br /> 11 <br />