Common use of Mutual Representations of the Parties Clause in Contracts

Mutual Representations of the Parties. Each of the Participant and the LDC represents and warrants to the other as follows, and acknowledges that the other is relying on such representations and warranties in entering into this Agreement: (a) it has the requisite power, authority and capacity to enter into this Agreement and to perform its obligations hereunder, including, in the case of the Participant, to implement the Project or Portfolio, as the case may be; (b) this Agreement has been duly authorized, executed, and delivered by it, as applicable, and constitutes a valid and binding obligation enforceable against it, as applicable, in accordance with its terms except as such enforcement may be limited by bankruptcy, insolvency and other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction; and (c) the execution and delivery of this Agreement by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any license, permit, approval, consent or authorization held by it.

Mutual Representations of the Parties. Each of the Participant and the LDC represents and warrants to the other as follows, and acknowledges that the other is relying on such representations and warranties in entering into this Agreement: (a) it has the requisite power, authority and capacity to enter into this Agreement and to perform its obligations hereunder, including, without limitation, in the case of the Participant, to implement the Project or Portfolio, as the case may beProject; (b) this Agreement has been duly authorized, executed, and delivered by it, as applicable, and constitutes a valid and binding obligation enforceable against it, as applicable, in accordance with its terms except as such enforcement may be limited by bankruptcy, insolvency and other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction; and (c) the execution and delivery of this Agreement by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any license, permit, approval, consent or authorization held by it.

Mutual Representations of the Parties. Each of the Participant and the LDC represents and warrants to the other as follows, and acknowledges that the other is relying on such representations and warranties in entering into this Agreement: (a) it has the requisite power, authority and capacity to enter into this Agreement and to perform its obligations hereunder, including, in the case of the Participant, to implement the Project or Portfolio, as the case may beProject; (b) this Agreement has been duly authorized, executed, and delivered by it, as applicable, and constitutes a valid and binding obligation enforceable against it, as applicable, in accordance with its terms except as such enforcement may be limited by bankruptcy, insolvency and other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction; and (c) the execution and delivery of this Agreement by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any license, permit, approval, consent or authorization held by it.

Mutual Representations of the Parties. Each of the Participant and the LDC IESO represents and warrants to the other as follows, and acknowledges that the other is relying on such representations and warranties in entering into this Agreement: (a) it has the requisite power, authority and capacity to enter into this Agreement and to perform its obligations hereunder, including, without limitation, in the case of the Participant, to implement the Project or Portfolio, as the case may beProject; (b) this Agreement has been duly authorized, executed, and delivered by it, as applicable, and constitutes a valid and binding obligation enforceable against it, as applicable, in accordance with its terms except as such enforcement may be limited by bankruptcy, insolvency and other laws affecting the rights of creditors generally and except that equitable remedies may only be granted in the discretion of a court of competent jurisdiction; and (c) the execution and delivery of this Agreement by it and the consummation of the transactions contemplated hereby will not result in the breach or violation of any of the provisions of, or constitute a default under, or conflict with or cause the termination, cancellation or acceleration of, its material obligations or any judgment, decree, order or award to which it is subject or any license, permit, approval, consent or authorization held by it.