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for the performance of all obligations under the Amended and <br /> Restated Ground Lease and Amended and Restated Lease which arise <br /> on or after the date hereof. City hereby represents and warrants <br /> (i) that the Amended and Restated Ground Lease and Amended and <br /> Restated Lease are in full force and effect and have not been <br /> altered, modified, amended, terminated, canceled, renewed or <br /> surrendered, nor have any of the material terms or conditions <br /> thereof been waived in any manner whatsoever and (ii) there is no <br /> default by Contractor under the terms and provisions of the <br /> Amended and Restated Ground Lease or Amended and Restated Lease, <br /> nor is there now any fact or circumstance which, with notice or <br /> lapse of time or both, would constitute such a default. <br /> APPROVED: <br /> City of Everett <br /> By <br /> Mayor <br /> Attest: <br /> City Clerk <br /> APPROVED AS TO FORM: <br /> City Attorney <br /> STATE OF WASHINGTON ) <br /> ss. <br /> COUNTY OF SNOHOMISH ) <br /> On this day of , 1992 , before me, <br /> the undersigned, a Notary Public in and for the State of <br /> Washington, duly commissioned and sworn, personally appeared <br /> , to me known to be the of <br /> SIERRA CONSTRUCTION CO. , INC. that executed the within and <br /> foregoing instrument, and acknowledged said instrument to be the <br /> free and voluntary act and deed of said corporation, for the uses <br /> A-C-4 <br />