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(m) Developer has timely performed all obligations to be performed by Developer under the Construction Agreement as of or prior to the date of this Agreement. (n) To the best of Agency's and City's knowledge, none of the events of termination described in Section 807 or in Section 809 of the DDA has occurred and is continuing as of the date of this Agreement, or if any such event of termination has occurred and is continuing as of the date of this Agreement, Developer, Agency or City, as applicable, has waived its right to terminate the DDA by reason of such occurrence of such event of termination. (0) None of the events oftermination described in Section 808 of the DDA has occurred and is continuing as of the date of this Agreement, or if any such event of termination has occurred and is continuing as of the date of this Agreement, Agency or City, as applicable, has waived its right to terminate the DDA by reason of such occurrence of such event of termination. 4. Developer Representations. Warranties and Certifications. Developer hereby represents, warrants and certifies to Lender as follows: (a) Developer has full power and authority to execute and deliver this Agreement, the DDA, the Construction Agreement and all documents and instruments to be executed and delivered by Developer pursuant thereto and to perform its obligations hereunder and thereunder. (b) This Agreement, the DDA, the Construction Agreement and all documents and instruments to be executed and delivered by Developer pursuant thereto have been duly and validly authorized by Developer, duly executed and delivered by Developer and constitute the legal, valid and binding obligations of Developer, enforceable against Developer in accordance with their respective terms. (c) The DDA is in full force and effect, and has not been modified, amended, altered, supplemented or terminated, except as otherwise provided in this Agreement. (d) There are no breaches or defaults by Developer, or to the best of its knowledge, by Agency or City, under the DDA or the Construction Agreement, and no events or conditions have occurred which, with the giving of notice or the passage of time, or both, would constitute such a breach or default by Thveloper, or, to the best of its knowledge, by Agency or City under the DDA or the Construction Agreement. (e) Developer has not previously assigned, transferred or conveyed any of Developer's right, title or interest under the DDA or the Construction Agreement for security purposes or otherwise. (t) The conditions to Developer's obligations contained in Section 402(B) of the DDA have satisfied or have been waived in writing by Developer, and, to the best of Developer's knowledge, all conditions to Agency's and City's obligations contained in Section 402(A) of the DDA have been satisfied or have been waived by Agency and City. - 4- . -..,......-....