Laserfiche WebLink
(l) Developer is a duly incorporated and validly existing Virginia limited <br />liability company, duly qualified to conduct business in Virginia, and has <br />full power and authority to bind itself to the terms of this Agreement. <br />(2) Developer has taken or caused to be taken all requisite actions to authorize <br />the execution and delivery of, and the performance of its obligations under <br />this Agreement and the other related documents to which Developer is a <br />party. <br />(3) Each person executing this Agreement on behalf of Developer has been <br />duly authorized to execute each such document on behalf of Developer. <br />(4) Neither the execution and delivery by Developer of this Agreement, nor <br />the consummation of the transactions contemplated hereby or thereby, is <br />in conflict with or will result in a default under or a violation of the <br />governing instruments of Developer or any other agreements to which it is <br />a party or by which it is bound. <br />(5) There is no action, suit, proceeding, investigation or litigation pending and <br />served on Developer which challenges Developer's authority to execute, <br />deliver or perform, or the validity or the enforceability of, this Agreement, <br />or which challenges the authority of Developer official executing this <br />Agreement, and the Developer has disclosed to the City any pending or <br />threatened action, suit, proceeding, investigation or litigation related to <br />this Agreement or the Developer's capacity to comply with the terns <br />hereof of which the Developer is aware. <br />(6) Developer is in material compliance with all laws, regulations and <br />ordinances applicable to Developer or its activities in connection with this <br />Agreement. <br />(7) Developer is a financially viable and capable entity and fully able to <br />perform its obligations under this Agreement, including the securing of <br />any required bonds or other sureties required by this Agreement. There <br />are no bankruptcy (voluntary or involuntary), insolvency, reorganization, <br />receivership or other such proceedings pending against or being <br />contemplated by Developer, RHC, or MEB General Contractors or, to the <br />best of the Developer's knowledge, threatened against them. <br />CHANGES IN THE WORK <br />Consistent with the Services that the Developer has agreed to provide as set forth in this <br />Agreement, Developer will address comments received from the City by modifying the design of <br />the Project, at no additional cost to the City unless such design modification results from City's <br />material change of the Services. If the City, by a written order, makes changes to the Services, <br />thereby causing an increase or decrease in the cost of, or the time required for, the performance <br />6 <br />