Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to AHS that as of the Effective Date and at all times during the Term:
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the RHA that as of the Effective Date, and at all times during the Term of this Agreement:
Operator Representations, Warranties and Covenants. (a) The Operator represents, warrants and covenants to the RHA that, as of the date of this Agreement, there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement.
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the Township as follows: (a) The Operator is a corporation duly organized and validly existing in good standing in the State of New Jersey and is qualified and authorized to do business in the State of New Jersey. (b) The Operator has full power and authority to enter into this Agreement and to perform its duties and obligations hereunder. This Agreement has been duly authorized, executed and delivered by the Operator, is enforceable in accordance with its terms and the authorization, execution, delivery and performance of this Agreement by the Operator will not violate any law, judgment, order, ruling or regulation applicable to the Operator and does not constitute a breach of or default under any agreement or instrument by which the Operator is bound. (c) The Operator (or the Operator's personnel, where appropriate) has or holds, and will continue to have or hold throughout the Term of this Agreement, all Permits necessary to operate, maintain and manage the System and required to be obtained by the Operator in accordance with this Agreement. (d) No litigation is pending or threatened against the Operator which would impair its ability to perform its duties and obligations under this Agreement. (e) At all times during the Term of this Agreement, the Operator shall keep the System free from any and all liens and encumbrances arising out of or in connection with (i) its operation, maintenance and management of the System, or (ii) any acts, omissions or debts of the Operator, the Guarantor, any of their subsidiaries, or any of their subcontractors. (f) At all times during the Term of this Agreement, the Operator and/or the Guarantor shall meet and maintain the Minimum Administrative Criteria, Minimum Financial Criteria and Minimum Technical Criteria.
