Common use of Design-Builder and Owner Representations and Warranties Clause in Contracts

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (ai) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (bii) this Agreement has been duly executed and delivered by such Party party and constitutes the legal, valid and binding obligations of such Partyparty, enforceable against such Party party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (ciii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Partyparty, or (b) any Law applicable to such Party party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approvalgovernmental approval; and (div) there is no action pending or, to the knowledge of such Partyparty, threatened, which would hinder, modify, delay or otherwise adversely affect such Partyparty’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a1) it If is duly organized, validly existing and in good standing under the Laws laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b2) this Agreement has been duly executed and delivered by such Party party and constitutes the legal, valid and binding obligations of such Partyparty, enforceable against such Party party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws laws affecting creditor’s 's rights or by general equitable principles; (c3) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (ai) the certificate of incorporation or bylaws or equivalent organizational documents of such Partyparty, or (bii) any Law law applicable to such Party party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approvalgovernmental approval; and (d4) there is no action pending or, to the knowledge of such Partyparty, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s party's ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (ai) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power Green Plains Renewable Energy, Inc. January 13, 2006 and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (bii) this Agreement has been duly executed and delivered by such Party party and constitutes the legal, valid and binding obligations of such Partyparty, enforceable against such Party party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s 's rights or by general equitable principles; (ciii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Partyparty, or (b) any Law applicable to such Party party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approvalgovernmental approval; and (div) there is no action pending or, to the knowledge of such Partyparty, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s party's ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (ai) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (bii) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (ciii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and and, other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (div) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this One Earth Energy, LLC May 17, 2007 Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles;; Platte Valley Fuel Ethanol, LLC April 24, 2006 (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.. E ENERGY AXXXX, LLC August 1, 2006

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles; (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or Cardinal Ethanol, LLC December 14, 2006 violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.

Design-Builder and Owner Representations and Warranties. Each of Design-Builder and Owner represents that: (a) it is duly organized, validly existing and in good standing under the Laws of its formation and has all requisite power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (b) this Agreement has been duly executed and delivered by such Party and constitutes the legal, valid and binding obligations of such Party, enforceable against such Party in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, moratorium or similar Laws affecting creditor’s rights or by general equitable principles;; Siouxland Ethanol, LLC 41 January 5, 2006 (c) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby do not and will not conflict with or violate (a) the certificate of incorporation or bylaws or equivalent organizational documents of such Party, or (b) any Law applicable to such Party and other than the permits listed on Exhibit G, such execution, delivery and performance of this Agreement does not require any Governmental Approval; and (d) there is no action pending or, to the knowledge of such Party, threatened, which would hinder, modify, delay or otherwise adversely affect such Party’s ability to perform its obligations under the Contract Documents.