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12 <br /> 1.2 Representations and Warranties. CSR AssociatedRinker hereby represents and <br /> warrants to the City, as of the date hereof and as to each Transfer Lot as of the date of each <br /> Transfer Date, that: <br /> (a) Title. CSR AssociatedRinker warrants that it has good and merchantable <br /> title in fee simple, free and clear, with full right to make the conveyance described herein. <br /> (b) Organization. CSR AssociatedRinker is a corporation duly formed and <br /> validly existing and in good standing under the laws of the State of Georgia Nevada-and is <br /> qualified to do all things required of it under this Agreement. <br /> (c) Authority. CSR AssociatedRinker has the full right, title, authority and <br /> capacity to execute and perform this Agreement and to consummate all of the transactions <br /> contemplated herein, and the individual(s) who, on CSR AssociatedRinker's behalf, execute and <br /> deliver this Agreement and all documents to be delivered to City hereunder, are and shall be duly <br /> authorized to do so. <br /> (d) No Leases. The Transfer Lots are not subject to any leases, tenancies, <br /> licenses or rights of persons in possession. <br /> (e) Legal Compliance. To CSR AssociatedRinker's actual knowledge, the <br /> current use and operation of each of the Transfer Lots complies with all applicable laws. CSR <br /> AssociatedRinker has received no written notice, and has no actual knowledge, of any violation <br /> or alleged violation of any legal requirement affecting the applicable Transfer Lots, including <br /> any violation or alleged violation of any local, state or federal environmental, zoning, land use, <br /> 2004 Revised Development Agreement `: . -• .. . . . . t•••.. . . ... <br /> 8 <br /> .8/1/2005 •ll ; I! ; •'! •'! •!! •:*!!' ' :•!!.;• •''.; • !!., •''.• :•e! <br />