Common use of BY THE MUNICIPALITY Clause in Contracts

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality 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 contract of the Municipality enforceable in accordance with its terms, subject to applicable law; b) the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) Municipality has all authorizations from local 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; and d) no Bankruptcy is pending or threatened against the Municipality;

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as of the Effective Execution Date of this ESA as follows: (a) this ESA constitutes the legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; (b) the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; (c) Municipality has all authorizations from local 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; and (d) no Bankruptcy is pending or threatened against the Municipality;

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as of the Effective Date effective date of this ESA as follows: a) this ESA constitutes the legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; b) the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) the Municipality has all authorizations from any local or state 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; and d) no Bankruptcy is pending or threatened against the Municipality;.

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as of the Effective Execution Date of this ESA as follows: (a) this ESA constitutes the legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; (b) the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; (c) Municipality has all authorizations from local 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; and and (d) no Bankruptcy is pending or threatened against the Municipality;

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as of the Effective Date effective date of this ESA as follows: a) this ESA constitutes the legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; b) the execution, delivery delivery, and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) the Municipality has all authorizations from any local or state 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; and d) no Bankruptcy is pending or threatened against the Municipality;.

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to the Competitive Supplier as of the Effective Date effective date of this ESA as follows: a) this ESA constitutes the legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; b) the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) the Municipality has all authorizations from any local or state 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; and d) no Bankruptcy is pending or threatened against the Municipality;.

BY THE MUNICIPALITY. As a material inducement to entering into this ESA, the Municipality hereby represents and warrants to Competitive Supplier as as follows: as of the Effective Date date of execution of this ESA as follows: a) ESA, this ESA constitutes the a legal, valid and binding contract of the Municipality enforceable in accordance with its terms, subject to applicable law; b) ; as of the Effective Date of this ESA: the execution, delivery and performance of this ESA are within the Municipality's powers, have been or will be duly authorized by all necessary action; c) ; Municipality has all authorizations from local 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; and d) and no Bankruptcy is pending or threatened against the Municipality;