Common use of Contractor Warranty Clause in Contracts

Contractor Warranty. The Contractor warrants, represents and undertakes to the Authority that at the date of this Contract:- 5.1.1 it is properly constituted and incorporated under the laws of England and Wales and has the corporate power to own its assets and to carry on its business as it is now being conducted; 5.1.2 it has the power to enter into and to exercise its rights and perform its obligations under the Project Documents; 5.1.3 all necessary action to authorise the execution of and the performance of its obligations under the Project Documents has been taken or, in the case of any Project Document executed after the date of this Contract, will be taken before such execution; 5.1.4 the execution, delivery and performance by it of the Project Documents does not contravene any provision of:- (a) any existing Legislation either in force, or enacted but not yet in force binding on the Contractor; (b) the Memorandum and Articles of Association of the Contractor; (c) any order or decree of any court or arbitrator which is binding on the Contractor; or (d) any obligation which is binding upon the Contractor or upon any of its assets or revenues; 5.1.5 the Contractor Warranted Data is true and accurate in all respects; 5.1.6 it has not, other than in connection with the Project traded at any time since its incorporation as a company pursuant to the Companies Xxx 0000 (as amended); 5.1.7 no claim is presently being assessed and no litigation, arbitration or administrative proceedings is presently in progress or, to the best of the knowledge of the Contractor, pending or threatened against it or any of its assets which would adversely effect to an extent which is material in the context of the Project the ability of the Contractor to perform its obligations under any Project Document; 5.1.8 except for the terms of the Financing Agreements and the Project Documents, it is not subject to any other obligation, compliance with which will or is likely to have a material adverse effect on the ability of the Contractor to perform its obligations under any Project Document; 5.1.9 no proceedings or other steps have been taken and not discharged (nor, to the best of the knowledge of the Contractor threatened) for its winding-up or dissolution or for the appointment of a receiver, administrative receiver, administrator, liquidator, trustee or similar officer in relation to any of its assets or revenues; 5.1.10 having made reasonable enquiry is not aware of the occurrence of any event giving rise to a Contractor Default Termination under Clause 34 (Termination of this Contract); 5.1.11 the copies of the Project Documents which the Contractor is obliged to deliver, to the Authority are or, as the case may be, will be, true and complete copies of such documents and there are not in existence any other agreements or documents replacing or amending any of the Project Documents which would materially affect the interpretation or application of any of the Project Documents; and the Authority relies upon such warranties and representations.

Contractor Warranty. The Contractor warrants, represents and undertakes to the Authority that that, as at the date of this Contract:-Agreement:- 5.1.1 4.1.1 it is properly constituted and incorporated under the laws of England and Wales and has the corporate all necessary authority, power and capacity to own its assets and to carry on its business as it is now being conductedenter into this Agreement; 5.1.2 4.1.2 it has the power to enter into and to exercise its rights and perform its obligations under the Project Documents; 5.1.3 all necessary action to authorise the execution of and the performance of its obligations under the Project Documents has been taken or, in the case of any Project Document executed after the date of this Contract, will be taken before such execution; 5.1.4 4.1.3 the execution, delivery and performance by it of the Project Documents does not contravene any provision of:- (a) any existing Legislation either in force, or enacted but not yet in force force, which is binding on the Contractor; (b) the Memorandum and Articles of Association of the Contractor; (c) any order or decree of any court or arbitrator which is binding on the Contractor; or (d) any obligation which is binding upon the Contractor or upon any of its assets or revenues; 5.1.5 4.1.4 the Contractor Warranted Data is true and accurate in all respects; 5.1.6 it has not, other than in connection with the Project Project, traded at any time since its incorporation as a company pursuant to the Companies Xxx 0000 (as amended); 5.1.7 4.1.5 no claim is presently being assessed and no litigation, arbitration or administrative proceedings is are presently in progress or, to the best of the knowledge of the Contractor, pending or threatened against it or any of its assets which would adversely will or might have a material adverse effect to an extent which is material in the context of the Project on the ability of the Contractor to perform its obligations under any Project Document; 5.1.8 except for the terms of the Financing Agreements and the Project Documents, 4.1.6 it is not the subject to of any other obligation, compliance with which will or is likely to have a material adverse effect on the ability of the Contractor to perform its obligations under any Project Document; 5.1.9 4.1.7 no proceedings or other steps have been taken and not discharged (nor, to the best of the knowledge of the Contractor Contractor, threatened) for its winding-up or dissolution or for the appointment of a receiver, administrative receiver, administrator, liquidator, trustee or similar officer in relation to any of its assets or revenues; 5.1.10 having made reasonable enquiry is not aware of the occurrence of any event giving rise to a Contractor Default Termination under Clause 34 (Termination of this Contract); 5.1.11 4.1.8 the copies of the Project Documents which the Contractor is obliged to deliverhas delivered or, when executed, will deliver to the Authority are or, as the case may be, will be, be true and complete copies of such documents and there are not in existence any other agreements or documents replacing or amending relating to any of the Project Documents which would materially affect the interpretation or application of any of the Project Documents; and 4.1.9 the information relating to the Contractor and its Affiliates set out in Schedule 21 (Warranted Data) is true and accurate; 4.1.10 there are no material facts or circumstances in relation to the financial position or operational constitution of the Contractor which have not been fully and fairly disclosed to the Authority relies upon such warranties and representations.which if disclosed might reasonably have been expected to affect the decision of the Authority to enter into this Agreement;

Contractor Warranty. The Contractor warrants, warrants and represents and undertakes to the Authority that as at the date of this Contract:-Contract: 5.1.1 5.4.1 it is properly constituted and incorporated under the laws of England and Wales and has the corporate power to own its assets and to carry on its business as it is now being conducted; 5.1.2 5.4.2 it has the corporate power to enter into and to exercise its rights and perform its obligations under this Contract, the Project Documents and the Ancillary Documents; 5.1.3 5.4.3 all action necessary action on the part of the Contractor to authorise the execution of and the performance of its obligations under this Contract, the Project Documents and the Ancillary Documents has been taken or, in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract, will be taken before such execution; 5.1.4 5.4.4 the obligations expressed to be assumed by the Contractor under this Contract, the Project Documents and the Ancillary Documents are, or in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract will be, legal, valid, binding and enforceable to the extent permitted by law and this Contract and each Ancillary Document is or will be in the proper form for enforcement in England; 5.4.5 the execution, delivery and performance by it of this Contract, the Project Documents and the Ancillary Documents does not, or in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract will not contravene any provision of:-of: (a) any existing Legislation either in force, or enacted but not yet in force and binding on the Contractor; (b) the Memorandum memorandum and Articles articles of Association association of the Contractor; (c) any order or decree of any court or arbitrator which is binding on the Contractor; or (d) any obligation which is binding upon the Contractor or upon any of its assets or revenues; 5.1.5 5.4.6 the Contractor Warranted Data is true and accurate in all respectsmaterial respects as at the RPP Variation Date; 5.1.6 it 5.4.7 the Contractor has not, other than in connection with the Project Project, traded at any time since its incorporation as a company pursuant to the Companies Xxx 0000 (as amended)Act; 5.1.7 5.4.8 as at the RPP Variation Date no claim is presently being assessed and no litigation, arbitration or administrative proceedings is are presently in progress or, to the best of the knowledge of the Contractor, pending or threatened against it or any of its assets which would adversely will or might have a material adverse effect to an extent which is material in the context of the Project on the ability of the Contractor to perform its obligations under this Contract, any Project Documents or any Ancillary Document; 5.1.8 except for the terms of the Financing Agreements and the Project Documents, 5.4.9 it is not the subject to of any other obligation, compliance with which will or is likely to have a material adverse effect on the ability of the Contractor to perform its obligations under this Contract, any Project Document or any Ancillary Document; 5.1.9 5.4.10 no proceedings or other steps have been taken and not discharged (nor, to the best of the knowledge of the Contractor Contractor, threatened) for its winding-up or dissolution or for the appointment of a receiver, administrative receiver, administrator, liquidator, trustee or similar officer in relation to any of its assets or revenues; 5.1.10 having made reasonable enquiry is not aware 5.4.11 this Contract and each of the occurrence Project Documents and Ancillary Documents is or, when executed, will be in full force and effect and constitutes or, when executed, will to the extent permitted by law constitute the valid, binding and enforceable obligations of any event giving rise to a Contractor Default Termination under Clause 34 (Termination of this Contract);the parties thereto; and 5.1.11 5.4.12 the copies of the Project Ancillary Documents which the Contractor is obliged to deliverhas delivered, or, when executed, will deliver to the Authority are or, as the case may be, will be, be true and complete copies of such documents and there are not in existence any other agreements or documents replacing or amending relating to any of the Project Ancillary Documents which would materially affect the interpretation or application of any of the Project Ancillary Documents; and the Authority relies upon such warranties and representations.,

Contractor Warranty. The Contractor warrants, warrants and represents and undertakes to the Authority that as at the date of this Contract:-Contract: 5.1.1 5.4.1 it is properly constituted and incorporated under the laws of England and Wales and has the corporate power to own its assets and to carry on its business as it is now being conducted; 5.1.2 5.4.2 it has the corporate power to enter into and to exercise its rights and perform its obligations under this Contract, the Project Documents and the Ancillary Documents; 5.1.3 5.4.3 all action necessary action on the part of the Contractor to authorise the execution of and the performance of its obligations under this Contract, the Project Documents and the Ancillary Documents has been taken or, in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract, will be taken before such execution; 5.1.4 5.4.4 the obligations expressed to be assumed by the Contractor under this Contract, the Project Documents and the Ancillary Documents are, or in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract will be, legal, valid, binding and enforceable to the extent permitted by law and this Contract and each Ancillary Document is or will be in the proper form for enforcement in England; 5.4.5 the execution, delivery and performance by it of this Contract, the Project Documents and the Ancillary Documents does not, or in the case of any Project Document and/or Ancillary Document to be executed after the date of this Contract will not contravene any provision of:-of: (a) any existing Legislation either in force, or enacted but not yet in force and binding on the Contractor; (b) the Memorandum memorandum and Articles articles of Association association of the Contractor; (c) any order or decree of any court or arbitrator which is binding on the Contractor; or (d) any obligation which is binding upon the Contractor or upon any of its assets or revenues; 5.1.5 5.4.6 the Contractor Warranted Data is true and accurate in all material respects; 5.1.6 it 5.4.7 the Contractor has not, other than in connection with the Project Project, traded at any time since its incorporation as a company pursuant to the Companies Xxx 0000 (as amended)Act; 5.1.7 5.4.8 no claim is presently being assessed and no litigation, arbitration or administrative proceedings is are presently in progress or, to the best of the knowledge of the Contractor, pending or threatened against it or any of its assets which would adversely will or might have a material adverse effect to an extent which is material in the context of the Project on the ability of the Contractor to perform its obligations under this Contract, any Project Documents or any Ancillary Document; 5.1.8 except for the terms of the Financing Agreements and the Project Documents, 5.4.9 it is not the subject to of any other obligation, compliance with which will or is likely to have a material adverse effect on the ability of the Contractor to perform its obligations under this Contract, any Project Document or any Ancillary Document; 5.1.9 5.4.10 no proceedings or other steps have been taken and not discharged (nor, to the best of the knowledge of the Contractor Contractor, threatened) for its winding-up or dissolution or for the appointment of a receiver, administrative receiver, administrator, liquidator, trustee or similar officer in relation to any of its assets or revenues; 5.1.10 having made reasonable enquiry is not aware 5.4.11 this Contract and each of the occurrence Project Documents and Ancillary Documents is or, when executed, will be in full force and effect and constitutes or, when executed, will to the extent permitted by law constitute the valid, binding and enforceable obligations of any event giving rise to a Contractor Default Termination under Clause 34 (Termination of this Contract);the parties thereto; and 5.1.11 5.4.12 the copies of the Project Ancillary Documents which the Contractor is obliged to deliverhas delivered, or, when executed, will deliver to the Authority are or, as the case may be, will be, be true and complete copies of such documents and there are not in existence any other agreements or documents replacing or amending relating to any of the Project Ancillary Documents which would materially affect the interpretation or application of any of the Project Ancillary Documents; and the Authority relies upon such warranties and representations.,