Due Authority: No Conflict. The Developer has all requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by the Developer and constitute the Developer’s legal, valid and binding obligations enforceable against the Developer in accordance with their terms. The consummation by the Developer of the transactions contemplated hereby is not in violation of or in conflict with, nor does it constitute a default under, any term or provision of the organizational documents of the Developer, or any of the terms of any agreement or instrument to which the Developer is a Party, or by which the Developer is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority.
Due Authority: No Conflict. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act). The City has all requisite power and authority to execute this Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by the City and constitute legal, valid and binding obligations enforceable against the City in accordance with the terms subject to principles of governmental immunity and the enforcement of equitable rights. The consummation by the City of the transactions contemplated hereby is not in violation of or in conflict with, nor does it constitute a default under, any of the terms of any agreement or instrument to which the City is a Party, or by which the City is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority.
Due Authority: No Conflict. The City has all requisite power and authority to execute this Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by the City and constitute legal, valid and binding obligations enforceable against the City in accordance with the terms subject to principles of governmental immunity and the enforcement of equitable rights. The consummation by the City of the transactions contemplated hereby is not in violation of or in conflict with, nor does it constitute a default under, any of the terms of any agreement or instrument to which the City is a Party, or by which the City is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority.
Due Authority: No Conflict. Mt. Pleasant hereby warrants and represents to Provider, and Provider hereby represents and warrants to Mt. Pleasant, that each is legally qualified under the laws of the State of its respective incorporation, formation or qualifications, and that each is duly authorized by all necessary corporate and/or legal action, to execute, deliver and perform its respective obligations under this Agreement, and that such execution, delivery and performance does not and will not viogte, conflict with, constitute a default under, or upon the giving of notice or the lapse of time, or both, constitute grounds for terrnination of, or acceleration of obligations under, any charter, certificate, by-law, agreement, contract, instrument, indenture, franchise, lease. Iicense, permit, rule, regulation, statute, ordinance, judgment, order, or decree to which such warrantor is subject or by which it is bound.
Due Authority: No Conflict. Partners has all requisite power and authority to execute and deliver this Agreement and to carry out its respective obligations under and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by Partners and constitute legal, valid and binding obligations enforceable against Partners in accordance with their terms. The consummation by Partners of the transactions contemplated hereby is not in violation of or in conflict with nor does it constitute a default under, any terms or provisions of organizational documents of Partners, or any of the terms of any agreement or instrument to which Partners is a party, or by which Partners is bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority.
