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7. STANDARD OF CARE Developer agrees that the standard of care for all professional design Services performed under this Agreement shall be the care and skill ordinarily used by members of the design profession in the Commonwealth of Virginia performing similar projects. Additionally, Developer represents and warrants that all persons performing Services under this Agreement shall, if and to the extent legally required, be licensed and in good standing with any applicable regulatory agency for the full duration of their work in connection with the Services under this Agreement. REPRESENTATIONS AND WARRANTIES A. The City hereby represents and warrants to Developer as follows: (1) The City is a political subdivision of the Commonwealth of Virginia and has full power, right and authority to execute, deliver and perform its obligations under, in accordance with and subject to the terms and conditions of this Agreement. (2) Each person executing this Agreement on behalf of the City is duly authorized to execute such document on behalf of the City. (3) Neither the execution and delivery by the City of this Agreement, nor the consummation of the transactions contemplated hereby or thereby, is in conflict with or will result in a default under or violation of any other agreements or instruments to which the City is a party or by which it is bound. (4) There is no action, suit, proceeding, investigation or litigation pending and served on the City as of the date of this Agreement which challenges its authority to execute, deliver or perform, or the validity or enforceability of, this Agreement, or which challenges the authority of the City official[s] executing this Agreement, and the City has disclosed to Developer any pending or threatened action, suit, proceeding, investigation or litigation related to this Agreement or the City's capacity to comply with the terms hereof of which the City is aware. (5) The City Council has appropriated sufficient funds to make full payment to Developer for all Services rendered under this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall obligate the City Council with regard to the appropriation of funds in its current or future capital improvements budgets as may affect the Project. B. Developer hereby represents and warrants to City as follows: