Common use of By the City Clause in Contracts

By the City. As a material inducement to entering into this ESA, the City hereby represents and warrants to Competitive Supplier as of the effective date of this ESA as follows: a) this ESA constitutes the legal, valid and binding obligation of the City enforceable in accordance with its terms; b) the execution, delivery and performance of this ESA are within the City’s powers, have been or will be duly authorized by all necessary action; c) the City has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this ESA or will obtain such authorizations in a timely manner prior to when any performance by it requiring such authorization becomes due; d) all Participating Consumers are bound as principals to this ESA; and e) no Bankruptcy is pending or threatened against the City.