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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 Party ' 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 /> Be 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 /> ill not execute or create any lease , contract, option <br /> C . During the Term, ORFD w , <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 remain uncured . <br /> 11 <br />