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.
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Samples: Competitive Electric Service Agreement, Competitive Electric Service Agreement, Competitive Electric Service Agreement
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 '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.
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