Authority of Developer. The Developer has full power and authority to execute and deliver this Agreement, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
Authority of Developer. Xxxxxxxxx has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the Loan Documents and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, to Develop and operate the Property, and to perform and observe the terms and provisions of all of the above.
Authority of Developer. Developer shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by Owner.
Authority of Developer. 2.1 Subject to the terms of this Agreement, Owners hereby appoint Developer as their agent and authorize Developer to take all actions, and to make all decisions, necessary or appropriate in Developer's reasonable judgment to coordinate, oversee and supervise the Construction Contract and the development, design, procurement and construction of the Outside Plant, substantially in accordance with the Development Plan and Budget. Until the Outside Completion Date all communications with respect to the Outside Plant from Owners to the Construction Contractor, any subcontractors, suppliers, vendors (including the vendors of the fiber optic cable) or service providers and other persons affiliated or associated with the Outside Plant, including all approvals, shall be communicated through Developer. It is expressly understood and agreed that actions taken by Developer in accordance with this Agreement shall be taken by Developer as agent for and in the name of Owners, and all obligations, costs or expenses reasonably incurred by Developer in the performance of its obligations hereunder are the liability of the Owners in proportion to their Interests (except as otherwise provided in this Agreement) and not the liability of Developer. Any payments made by Developer in the performance of its responsibilities under this Agreement shall be made out of funds (a) that Developer from time to time holds in trust for the Owners or (b) that Owners provide to Developer, including amounts available to be drawn under the Letters of Credit provided by the Owners to Developer. Developer shall not be required to make any advances to, or for the account of, Owners or to pay any amount except out of funds held, provided or obtained as aforesaid nor shall Developer be required to incur any liability or obligation for the account of Owners. Developer shall be reimbursed by Owners on a monthly basis upon submission of appropriate supporting documentation to Owners, for all costs advanced by Developer.
2.2 In addition to, and not in limitation of, the foregoing, Developer shall have the authority to take all actions, and to make all decisions, necessary or appropriate in Developer's reasonable judgment, for the performance of Developer's obligations set forth herein and to complete the Outside Plant in accordance with the Construction Contract and Development Plan and Budget, including without limitation: (a) the right to incur liabilities on behalf of Owners pursuant to Section 3.2 (...
Authority of Developer. The Developer does hereby covenant and warrant that:
(a) Developer is a duly authorized and existing Wyoming business entity;
(b) Developer is and shall remain in good standing and qualified to do business in the State of Wyoming;
(c) Developer has full right, power and authority to enter into this Agreement and to carry out all actions on its part contemplated by this Agreement;
(d) the execution and delivery of this Agreement are duly authorized by proper action of Developer, and no consent, authorization or approval of any person is necessary in connection with such execution and delivery or to carry out all actions on the Developer’s part contemplated by this Agreement, except as have been obtained and are in full force and effect;
(e) the persons executing this Agreement on behalf of Developer have full authority to do so; and
(f) this Agreement constitutes the valid, binding and enforceable obligation of
Authority of Developer. DEVELOPER has full power and authority to execute and deliver this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of DEVELOPER.
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Authority of Developer. The Developer warrants and represents that Developer is the sole owner of and has marketable title to the property to be developed for all Privately Installed Improvements except as stated in Section 1 above, and except for the “Municipal Portion” (defined in Section 5 below) of the Privately Installed Improvements and has the authority to enter into this Agreement.
Authority of Developer. Developer has the sole right and obligation to supervise, manage, contract, direct, procure, perform, or cause to be performed all work to be carried out by Developer hereunder unless otherwise provided herein.
Authority of Developer. Page 10 Section 7.3 Authority of Persons Executing Documents Page 10 Section 7.4 Pending Proceedings ................................ Page 10
