2007/05/16 Council Agenda Packet

c� C7 4.26 Nondiscrimination Provision During the performance of this contract, the BORROWER shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act (ADA). In the event of the BORROWER'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the BORROWER may be declared ineligible for further contracts with the BOARD. The BORROWER shall, however,be given a reasonable time in which to cure this noncompliance. 4.27 False,Incorrect or Incomplete Information The BORROWER warrants that it neither has submitted nor shall submit any information that is materially false,incorrect,or incomplete to the BOARD. 4.28 Authority The BORROWER represents and warrants that it is duly organized, validly existing, and in good standing under the laws of the state of Washington in force as of the date of this Agreement;that it has the legal power to enter into this Agreement and to exercise its rights and perform its obligations under this Agreement; and that all actions required to authorize the making,execution,and performance of this Agreement have been taken. 4.29 Litigation The BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the BORROWER'S ability to repay the loan. 1 � CITY OF EVERETT Page 10 4/24/2007