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(f) Compliance with Laws. RCFC, B I A and KHI individually and collectively covenant
<br /> that the Developer will not commit, suffer or permit any act to be done in, upon or to the property on
<br /> which the Improvements are to be constructed or the Improvements in violation of any law,
<br /> ordinance, rule, regulation or order of any governmental authority or any covenant, condition or
<br /> restriction now or hereafter affecting such property or the Improvements.
<br /> (g) Requests for Payment. RCFC, B I A and KHI individually and collectively represent
<br /> and warrant that (i)the Developer will not request payment from the County the acquisition of any
<br /> improvements that are not part of the Improvements, (ii) all Improvements for which payment is
<br /> requested will have been constructed as if constructed under the direction and supervision, or under
<br /> the authority, of the County and (iii)the Developer will diligently follow all procedures set forth in
<br /> this Agreement with respect to the applicable Payment Requests.
<br /> (h) Financial Records and Construction Documents. Until the County's final acceptance
<br /> of the Improvements, RCFC, B I A and KHI individually and collectively covenant that the Developer
<br /> shall maintain proper books of record and account for the Improvements and all costs related thereto,
<br /> that such accounting books will be maintained in accordance with generally accepted accounting
<br /> principles, and will be available for inspection by the County and its agents, at any reasonable time
<br /> during regular business hours on reasonable notice. In addition, RCFC, B1A and KHI individually
<br /> and collectively agree that the Developer shall maintain and to make available for inspection by the
<br /> County and its agents, at any reasonable time during regular business hours on reasonable notice all
<br /> documents relating to the construction of the Facilities including, but not limited to, the Plans,
<br /> specifications, easements, rights-of-way, licenses, permits, surveys, estimates, schedules, contracts
<br /> for the construction of any portion of the Improvements, invoices and receipts for p:3Lyments relating
<br /> to the Improvements, insurance policies, payroll records, and any other documents required to be
<br /> maintained by any applicable provision of law.
<br /> (i) Hazardous Materials. RCFC, B1A and KHI individually and collectively represent
<br /> and warrant that, to the best of their knowledge, there is not present upon the properties within the
<br /> District (the "District Property") , or any portion thereof, or upon any portion of the Improvements
<br /> currently existing, or any portion thereof, any Hazardous Materials (as defined below). RCFC, B I A
<br /> and KHI individually and collectively represent and warrant that all operations or activities upon, or
<br /> use or occupancy of the District Property and the Improvements, and each portion thereof, by the
<br /> Developer, or to the best of their knowledge, by any prior tenant, occupant or owner of the District
<br /> Property or any portion thereof, is in all material respects in compliance with all state, federal and
<br /> local laws, ordinances, regulations, rules, decisions or policy statements governing or in any way
<br /> relating to the generation, handling, manufacturing, treatment, storage, use, transportation, spillage,
<br /> leakage, dumping, discharge or disposal (whether accidental or intentional) of any toxic or hazardous
<br /> substances, materials, or wastes, including, but not limited to, Hazardous Materials. The Developer
<br /> represents and warrants that there is no proceeding or inquiry by any governmental authority body or
<br /> agency with respect to the presence of Hazardous Materials on the District Property or the
<br /> Improvements or the migration thereof from or to other property. RCFC, B 1 A and KHI individually
<br /> and collectively represent and warrant that neither the Developer, nor any subcontractor, agent or
<br /> employee thereof will use, generate, manufacture, procure, store, release, discharge or dispose of any
<br /> Hazardous Material on, under or about the District Property or the Improvements or transport any
<br /> Hazardous Material to or from the District Property or the Improvements in violation of any federal,
<br /> state or local law, ordinance, regulation, rule, decision or policy statement regulating Hazardous
<br /> Material. "Hazardous Material" means any hazardous or toxic substance, material or waste which is
<br /> or becomes regulated by any local governmental authority, the State or the United States Government
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