AND COVENANTS. Each of the Company's and Purchaser's representations, warranties, and covenants shall survive the execution and delivery of this Agreement and the delivery of the certificates representing the Securities.
AND COVENANTS. Subscriber represents, warrants and covenants as follows:
AND COVENANTS. PPA. Should the Seller require consent from the Buyer under the Amended TPL PPA, the Buyer shall give such consent provided that NPower London and London Electricity have both given the corresponding consent under their arrangements with the Seller. The Buyer retains the right to be notified of any such consent issue and to take part in all discussions relating to the same with NPower Northern and London Electricity.
AND COVENANTS. Each party represents and covenants to the other party (which representations and covenants will be deemed to be repeated as of each date on which it, as the Pledgor, Transfers Eligible Credit Support (or, in the case of after-acquired Eligible Credit Support, at the time the other party or its agent acquires rights therein), and which covenants will be deemed to apply at all times) that with respect to the issuance, renewal, substitution, or increase (as the case may be) of a Letter of Credit, such Letter of Credit is the legal, valid, and binding obligation of the issuer thereof, enforceable in accordance with its terms.
AND COVENANTS. To induce Bank to enter into this Agreement, Borrower represents, warrants, and covenants as follows:
AND COVENANTS. NGPL hereby represents<, warrants and covenants as follows:
AND COVENANTS. The Borrower represents, warrants and covenants for the benefit of the Noteholder and the Issuer, as follows:
AND COVENANTS. The Corporation hereby confirms that the representations, warranties, and covenants of the Corporation set forth in Section 5 of the Assignment Agreement are true and correct and in full force as of the date hereof.
AND COVENANTS. The Parties also agree: that they will not engage in any conduct or make any statements which are critical of the other Party relating to or in connection with the Agreement, the termination of the Terminating Agreement, or the Settlement Agreement; that they will not disclose any information, knowledge or data about the other Party which has been designated and/or treated as confidential; that they will not claim as their own, make use of or take with them any intellectual property, including without limitation trade secrets, trademarks, trade names and/or copyrighted material, or licensed data; and that they will surrender or have surrendered to the other Party all material being assigned hereunder. The Parties further acknowledge that they understand that these provisions may not be waived, except in writing signed by authorized officers of both Parties. The Parties (on behalf of themselves, and all of their heirs, assigns, legal representatives, successors-in-interest, or any person claiming through them) agree to release and discharge any claim, charge, complaint, demand, dispute or liability of any kind that relates to or involves the Terminating Agreement, except those claims that may arise from any breach of this Settlement Agreement, which they have had or now have against the other Party. The claims being released by the Parties include, but are not limited to, any and all claims for damages, fees and costs, or any other relief that may be or could have been asserted in any legal or administrative proceeding under state or federal law. The Parties knowingly and voluntarily release any and all claims they have had or may have against the other Party. The Parties further acknowledge that they are aware of and have had the opportunity to consult with an attorney and become aware of their rights under the laws specifically and generally described above in this Section 3, and that they are permanently waiving those legal rights to the fullest extent that a waiver is allowed by law.
AND COVENANTS
