Rhode Island Agreement For Historic Preservation Tax Credits - 2013 Page 10
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14HISTORIC PRESERVATION TAX CREDITS 2013
AGREEMENT
SECTION 17. Captions. Titles or captions of Sections contained in this Agreement are inserted
only as a matter of convenience and for reference, and in no way define, limit, extend, or describe the
scope of this Agreement or the intent of any provision hereof.
SECTION 18. No Waiver. The failure of any Party to insist upon strict performance of a
covenant hereunder or of any obligation hereunder, irrespective of the length of time for which such
failure continues, shall not be a waiver of such Party’s right to demand strict compliance in the future.
No consent or waiver, express or implied, to or of any breach or default in the performance of any
obligation hereunder, shall constitute a consent or waiver to or of any other breach or default in the
performance of the same or any other obligation hereunder. No term or provision of the Agreement may
be waived unless such waiver is in writing and signed by the Parties.
SECTION 19. Executed in Counterparts. For the purpose of facilitating proving this Agreement,
and for other purposes, this Agreement may be executed simultaneously in any number of counterparts.
Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the
same instrument.
SECTION 20. Warranties.
(a) Warranty of Legal Existence. The Applicant warrants that it is duly organized, chartered or
formed under the laws of its State of domicile and that it has the lawful power to engage in the business
it is presently conducting or will conduct in the future. The Applicant is duly licensed or qualified and in
good standing in each jurisdiction, including Rhode Island, wherein the nature of the business it
transacts makes such licensing or qualification necessary.
(b) Warranty of Authority to Execute. The Applicant and the signatory of this Agreement for the
Applicant both warrant that they have the power and authority to negotiate and execute this Agreement
and to perform the obligations thereunder and all such acts have been duly authorized by the necessary
proceedings.
(c) Warranty of No Outstanding Delinquencies or Deficiencies. The Applicant further warrants
that it does not have any outstanding delinquencies or deficiencies for taxes or regulatory fees owed to
the State of Rhode Island.
SECTION 21. Disclosure and Dissemination of Reported Information. The Applicant
acknowledges and agrees that RIGL § 44-33.6-9 imposes certain reporting requirements for the
Applicant’s participation in this tax credit program and that the information reported shall be specific,
definite, and attributable to an identifiable person. In addition, such specific information, including this
Agreement and its terms and exhibits, pursuant to RIGL § 44-33.6-9, shall be:
(a) Shared with or disseminated among other instrumentalities of the State, including but not
limited to, the Commission, the Economic Development Corporation, designated members of both
houses of the General Assembly, the governor, and the Department of Labor and Training; and
(b) A public document made available to the public for inspection by any person and published
by the Tax Administrator on the Tax Division website.
This section shall also apply to any contract voided under the provisions of this Program.
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