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. 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. 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. Centurylink 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 Centurylink's written approval, which will not be unreasonably withheld. If the Town fails to disprove or correct the violation within 30 days or the timeframe set forth in the corrective action plan, then Centurylink may declare in writing that the Town is in default.
BY THE TOWN. If the Developer notifies Conn DOT and the Town by the date specified on the Schedule that it does not intend to build the Train Depot, then the Town shall build the Train Depot on a portion of the Commuter Waiting Area Land closest to the station platform, as provided in the CWA Land Lease. The Developer shall turn over to the Town any plans and specifications it has drawn up in accordance with Exhibit I at the time of giving its notice. The Town may use such plans and drawings to the extent useful in building the Train Depot and shall draw upon the Train Depot and Excess Remediation Expense Letter of Credit pursuant to Section 5.4, above, for the purpose of reimbursing itself for constructing the Train Depot. If the Town constructs the Train Depot, the Town will sell it to Conn DOT for $1.00, reserving only the right to use the 500 square foot public safety area for Town police and emergency services.
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. 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.
