Common use of BY THE TOWN Clause in Contracts

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. 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) the Town is authorized and empowered by the provisions of the Restructuring Act to organize and implement the Program and has taken all action necessary to establish the Program as approved by the Department; e) all Participating Consumers are bound as principals to this ESA; e) no Bankruptcy is pending or threatened against ; and the TownTown has the authority to act on behalf of the Participating Consumers as contemplated by this ESA; f) none of the documents or other written information furnished by or on behalf of the Town to the Competitive Supplier or its agent(s) 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 no Bankruptcy is pending or threatened against the Town pursuant to this ESA nor is true and accurate to the best of the Town’s knowledge at the time the statement was madeTown contemplating Bankruptcy.

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 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) the Town is authorized and empowered by the provisions of the Restructuring Act to organize and implement the Program and has taken all action necessary to establish the Program as approved by the Department; e) all Participating Consumers are bound as principals to this ESA; e) no Bankruptcy is pending or threatened against ; and the TownTown has the authority to act on behalf of the Participating Consumers as contemplated by this ESA; f) none of the documents or other written information furnished by or on behalf of the Town to the Competitive Supplier or its agent(s) 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 no Bankruptcy is pending or threatened against the Town pursuant to this ESA nor is true and accurate to the best of the Town’s knowledge at the time the statement was madeTown contemplating Bankruptcy.

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) the Town is authorized and empowered by the provisions of the Restructuring Act to organize and implement the Program and has taken all action necessary to establish the Program as approved by the Department; e) all Participating Consumers are bound as principals to this ESA; e) no Bankruptcy is pending or threatened against ; and the TownTown has the authority to act on behalf of the Participating Consumers as contemplated by this ESA; f) none of the documents or other written information furnished by or on behalf of the Town to the Competitive Supplier or its agent(s) 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 no Bankruptcy is pending or threatened against the Town pursuant to this ESA nor is true and accurate to the best of the Town’s knowledge at the time the statement was made.Town contemplating Bankruptcy