Common use of Operator’s Representations and Warranties Clause in Contracts

Operator’s Representations and Warranties. The Operator represents and warrants to the Authority that: (a) it has the financial and technical standing and capacity to undertake the Project in accordance with the terms of this Agreement; (b) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under any of the terms of its Memorandum and Articles of Association or other constitutive documents or those of any member of the Consortium or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected; (c) all information contained in the Bid is true, complete and not misleading; (d) it has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have a Material Adverse Effect on its ability to perform its obligations under this Agreement; (e) no representation or warranty by it contained herein or in any other document furnished by it to the Authority or to the GoP or the GoS in relation to Applicable Permits contains or will contain any untrue or misleading statement of material fact or omits or will omit to state a material fact necessary to make such representation or warranty; and (f) neither the Operator nor any of its Affiliates, nor any Person acting on its or their behalf, has committed or engaged in, with respect to the Project or any transaction contemplated by this Agreement, any Sanctionable Practice.

Operator’s Representations and Warranties. The Operator represents and warrants to the Authority that: (a) it has the financial and technical standing and capacity to undertake the Project in accordance with the terms of this Agreement; (b) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, or constitute a default under any of the terms of its Memorandum and Articles of Association or other constitutive documents or those of any member of the Consortium Consortium/ Operator or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected; (c) all information contained in the Bid is true, complete accurate, complete, and not misleading; (d) it has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief relief, or any other civil or criminal liabilities which which, in the aggregate aggregate, have or may have a Material Adverse Effect on its ability to perform its obligations under this Agreement; (e) no representation or warranty by it contained herein or in any other document furnished by it to the Authority or to the GoP or the GoS in relation to Applicable Permits contains or will contain any untrue or misleading statement of a material fact or omits or will omit to state a material fact necessary to make such representation or warranty; and (f) neither Neither the Operator nor any of its Affiliates, nor any Person acting on its or their behalf, has committed or engaged in, with respect to the Project or any transaction contemplated by this Agreement, any Sanctionable Practice.

Operator’s Representations and Warranties. The Operator represents and warrants to the Authority that: (a) it has the financial and technical standing and capacity to undertake the Project in accordance with the terms of this Agreement; (b) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under any of the terms of its Memorandum and Articles of Association or other constitutive documents or those of any member of the Consortium or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected; (c) all information contained in the Bid is true, complete and not misleading; (d) it has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have a Material Adverse Effect on its ability to perform its obligations under this Agreement; (e) no representation or warranty by it contained herein or in any other document furnished by it to the Authority or to the GoP or the GoS in relation to Applicable Permits contains or will contain any untrue or misleading statement of material fact or omits or will omit to state a material fact necessary to make such representation or warranty; and (f) neither Neither the Operator nor any of its Affiliates, nor any Person acting on its or their behalf, has committed or engaged in, with respect to the Project or any transaction contemplated by this Agreement, any Sanctionable Sanction able Practice.