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has duly authorized the execution and delivery of this Agreement; and(vii) is not in <br /> default under any provision of this Agreement. <br /> b) Project Mix Applicant's execution and delivery of this Agreement <br /> neither conflict with, nor will result in, a breach or default under any organizational <br /> documents; nor, to the best of its knowledge, will its execution and delivery conflict with, <br /> or result in, a breach or default under the terms, conditions, or provisions of any statute, <br /> order,rule,regulation, agreement,or instrument to which Project Mix Applicant is a <br /> party or by which it is bound, nor will its execution and delivery result in the imposition <br /> of any lien on its property. <br /> C) Project Mix Applicant has duly authorized, executed and delivered <br /> this Agreement, and this Agreement constitutes its legal, valid and binding obligations, <br /> enforceable in accordance with its terms. <br /> i <br /> d) There is no litigation or proceeding pending or,to its knowledge, <br /> threatened against Project Mix Applicant, which would adversely affect the validity of <br /> this Agreement. <br /> 6. County Representation. The County represents as of this Agreement <br /> Date as follows: <br /> a) The County (i)has full power and authority to enter into this <br /> Agreement and to enter into and carry out the transactions contemplated by this <br /> Agreement; (ii)by proper action has duly authorized the execution and delivery of this <br /> Agreement; and (iii) is not in default under any provisions of this Agreement. <br /> b) The County has duly authorized, executed and delivered this <br /> Agreement, and this Agreement constitutes the County's legal,valid and binding <br /> obligation,.enforceable in accordance with its terms. <br /> C) To the County's knowledge, there is no litigation or proceeding <br /> pending or threatened against the County or affecting it which would adversely affect the <br /> validity of this Agreement. <br /> 1 <br /> d) The County is not in default under any provision of State law <br /> which would affect its existence or its powers as referred to in subsection(a). <br /> I <br /> e) No officer or official of the County has any interest(financial, <br /> employment or other) in Project Mix Applicant or the transactions contemplated by this <br /> Agreement. <br /> 7. Miscellaneous. <br /> a) Project Mix Applicant acknowledges and understands that all the <br /> provisions of the Program are considered enforceable parts of this Agreement and that it <br /> Attachment number 1 \n <br /> I <br /> G-1 Page 252 j <br />