BY THE TOWN Sample Clauses

BY THE TOWN. As a material inducement to entering into this ESA, the Town 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 Town enforceable in accordance with its terms; b) the execution, delivery and performance of this ESA are within the Town’s powers, have been or will be duly authorized by all necessary action; c) the Town 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 Town.

BY THE TOWN. As a material inducement to entering into this Agreement, the Town hereby represents and warrants to Competitive Supplier as of the Effective Date of this Agreement as follows: a) this Agreement constitutes the legal, valid and binding obligation of the Town enforceable in accordance with its terms, subject to applicable laws; b) the execution, delivery and performance of this Agreement are within the Town’s powers, have been, or will be duly authorized by all necessary action; c) the Town has all authorizations from any Governmental Authority necessary for it to legally perform its obligations under this Agreement 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 Town.

BY THE TOWN. As a material inducement to entering into this ESA, the Town 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 Town enforceable in accordance with its terms; b) the execution, delivery and performance of this ESA are within the Town’s powers, have been or will be duly authorized by all necessary action; c) the Town 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; e) no Bankruptcy is pending or threatened against the Town; f) none of the documents or other written information furnished by or on behalf of Town to the Competitive Supplier pursuant to this ESA and any solicitation process which led to the consummation of this ESA, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements contained herein or therein, in the light of the circumstances in which they were made, not misleading; and g) all information furnished by the Town pursuant to this ESA is true and accurate to the best of the Town’s knowledge at the time the statement was made.

BY THE TOWN. If the Town defaults on any obligation under this Agreement for any reason, Triumph may seek damages, but Triumph shall not be entitled to enforce this Agreement through an action for specific performance.

BY THE TOWN. Licensee shall provide the Town with a detailed written notice of any violation of this Agreement, and a 30 day period within which the Town may: demonstrate that a violation does not exist; cure the alleged violation; or if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan to correct such violation, subject to Licensee's written approval, which will not be unreasonably withheld. If the Town fails to disprove or correct the violation within 30 days the timeframe set forth in the corrective action plan, then Licensee may declare in writing that the Town is in default.

BY THE TOWN. LESSEE shall provide the TOWN with a detailed written notice of any violation of this Agreement, and a 45-day period within which the TOWN may cure the alleged violation. If TOWN fails to correct the violation within such time, then XXXXXX may declare in writing that TOWN is in default.

BY THE TOWN. In the event of any default or breach by the OWNER, of a covenant, term, condition !for obligation under this Agreement, and if such default or breach continues after notice thereof for sixty days, then this Agreement may be forth- with terminated at the option of the TOWN. Any declaration of termination of the Agreement, shall be effective only after and upon a resolution to that effect, duly authorized by the Town Council.

BY THE TOWN. If the Town defaults on any obligation under this Agreement for any reason, Developer may seek actual damages, but Developer shall not be entitled to enforce this Agreement through an action for specific performance.

BY THE TOWN. The Town warrants, represents and covenants (all such warranties, representations and covenants being continuing) as follows: (a) The Town is a duly organized and validly existing municipal corporation of the State. The Town has all powers necessary to enter into the transactions contemplated by this Contract and the Deed of Trust and to carry out its obligations under this Contract. (b) The Town will take no action that would adversely affect its existence as a municipal corporation in good standing in the State, cause the Town to be consolidated with or merge into another municipal corporation or political subdivision of the State or permit one or more other municipal corporations or political subdivisions of the State to consolidate with or merge into it, unless the municipal corporation or political subdivision of the State created thereby expressly assumes in writing the Town’s obligations under this Contract. (c) The Town has duly and validly authorized, executed and delivered this Contract and the Deed of Trust. Assuming due authorization, execution and delivery thereof by the other parties thereto, this Contract and the Deed of Trust constitute valid, legal and binding obligations of the Town, enforceable (in the case of the Deed of Trust, by the Deed of Trust Trustee, the Corporation and the Trustee, as the Corporation’s assignee) in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the enforcement of creditors’ rights generally and such principals of equity as a court having jurisdiction may impose. (d) No further approval or consent is required from any governmental authority with respect to the Town’s entering into or performing under this Contract or the Deed of Trust. (e) There is no action, suit or proceeding at law or in equity before or by any court, public board or body pending or, to the best of the Town’s knowledge, threatened, against or affecting the Town (or any official thereof in an official capacity) challenging the validity or enforceability of this Contract, Deed of Trust or any other documents relating hereto. The Town’s performance of its obligations under this Contract and the Deed of Trust, and compliance with the provisions hereof and thereof, under the circumstances contemplated hereby or thereby, does not and will not in any material respect constitute on the Town’s part a breach of or default under, or result in the creation of a lien or other encumbrance on any To...

BY THE TOWN. If the Town is in default, Buyer may elect to treat this Agreement as terminated, in which event the Deposit will be returned to Buyer. Buyer hereby absolutely and expressly waives and relinquishes any and all claims for damages of any kind or nature against the Town, including without limitation special or consequential damages. In addition, Buyer waives any right to specific performance. In no event, except as may be expressly provided by C.R.S. § 00-00-000, et seq., or C.R.