Common use of Province’s Representations Clause in Contracts

Province’s Representations. The Province represents and warrants to the Contractor, as of the date of Execution of this Agreement, that: (a) the Province has all requisite capacity, power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement has been duly authorized on behalf of the Province, and upon execution and delivery constitutes a legal, valid and binding obligation of the Province; (c) officials of the Province’s Transportation Department have no actual knowledge of any material inaccuracies or materially misleading statements in any reports, studies or other information formally made available by the Province to the Contractor in relation to the preparation and submission of the Contractor’s Proposal, except as expressly identified in written communications between the Province and the Contractor (including any written communications, prior to incorporation or other legal creation of the Contractor, between the Province and the Contractor’s Contact Organization); (d) the Province is the owner of an estate in fee simple of all of the Lands, except for the lands described in Schedule 12 as the “City Road Allowances” or the lands described in Schedule 12 as the “To Be Acquired Lands”; (e) the Province has not granted any leases that are outstanding in respect of the Lands, except for the leases forming part of the Identified Encumbrances and the leases described in Appendix G of Schedule 18; (f) the Province has the authority to use the Lands for a highway; and (g) the Declaration being Order in Council 540/2009 declaring the Project (excepting only that part of the Project on the City Road Allowances or on the To Be Acquired Lands (as defined in section 4 of Schedule 12)) to be a “public work” under section 31 of the Public Works Act is in full force and effect.

Province’s Representations. ‌ The Province represents and warrants to the Contractor, as of the date of Execution of this Agreement, that: (a) the Province has all requisite capacity, power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement has been duly authorized on behalf of the Province, and upon execution and delivery constitutes a legal, valid and binding obligation of the Province; (c) officials of the Province’s Transportation Department have no actual knowledge of any material inaccuracies or materially misleading statements in any reports, studies or other information formally made available by the Province to the Contractor in relation to the preparation and submission of the Contractor’s Proposal, except as expressly identified in written communications between the Province and the Contractor (including any written communications, prior to incorporation or other legal creation of the Contractor, between the Province and the Contractor’s Contact Organization); (d) the Province is the owner of an estate in fee simple of all of the Lands, except for the lands described in Schedule 12 as the “City Road Allowances” or the lands described in Schedule 12 as the “To Be Acquired Lands”; (e) the Province has not granted any leases that are outstanding in respect of the Lands, except for the leases forming part of the Identified Encumbrances and the leases described in Appendix G of Schedule 18; (f) the Province has the legal authority to use the Lands for a highwaythe Project and the O&M; and (g) the Declaration Ministerial Order being MO No. 06/16 making the Provincial Highways Designation Amendment Order as set out in Council 540/2009 declaring the Project (excepting only that part of the Project on the City Road Allowances or on the To Be Acquired Lands (as defined in section 4 of Schedule 12)) to be a “public work” under section 31 of the Public Works Act Appendix attached thereto is in full force and effect.

Province’s Representations. The Province represents and warrants to the Contractor, as of the date of Execution of this Agreement, that: (a) the Province has all requisite capacity, power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement has been duly authorized on behalf of the Province, and upon execution and delivery constitutes a legal, valid and binding obligation of the Province; (c) officials of the Province’s Transportation Department have no actual knowledge of any material inaccuracies or materially misleading statements in any reports, studies or other information formally made available by the Province to the Contractor in relation to the preparation and submission of the Contractor’s Proposal, except as expressly identified in written communications between the Province and the Contractor (including any written communications, prior to incorporation or other legal creation of the Contractor, between the Province and the Contractor’s Contact Organization); (d) the Province is the owner of an estate in fee simple of all of the Lands, except for the lands described in Schedule 12 as the “City Road Allowances” or the lands described in Schedule 12 as the “To Be Acquired Lands”; (e) the Province has not granted any leases that are outstanding in respect of the Lands, except for the leases forming part of the Identified Encumbrances and the leases described in Appendix G of Schedule 18; (f) the Province has the authority to use the Lands for a highway; and; (g) the Declaration being Order in Council 540/2009 123/2008 declaring the Project (excepting only that part of the Project on the City Road Allowances or on the To Be Acquired Lands (as defined in section 4 of Schedule 12)) to be a “public work” under section 31 of the Public Works Act is in full force and effect.

Province’s Representations. The Province represents and warrants to the Contractor, as of the date of Execution of this Agreement, that: (a) the Province has all requisite capacity, power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement has been duly authorized on behalf of the Province, and upon execution and delivery constitutes a legal, valid and binding obligation of the Province; (c) officials of the Province’s Transportation Department have no actual knowledge of any material inaccuracies or materially misleading statements in any reports, studies or other information formally made available by the Province to the Contractor in relation to the preparation and submission of the Contractor’s Proposal, except as expressly identified in written communications between the Province and the Contractor (including any written communications, prior to incorporation or other legal creation of the Contractor, between the Province and the Contractor’s Contact Organization); (d) the Province is the owner of an estate in fee simple of all of the Lands, except for the lands described in Schedule 12 as the “City Road Allowances” or the lands described in Schedule 12 as the “To Be Acquired Lands”; (e) the Province has not granted any leases that are outstanding in respect of the Lands, except for the leases forming part of the Identified Encumbrances and the leases described in Appendix G of Schedule 18; (f) the Province has the legal authority to use the Lands for a highwaythe Project and the O&M; and (g) the Declaration Ministerial Order being MO No. 08/10 making the Provincial Highways Designation Amendment Order as set out in Council 540/2009 declaring the Project (excepting only that part of the Project on the City Road Allowances or on the To Be Acquired Lands (as defined in section 4 of Schedule 12)) to be a “public work” under section 31 of the Public Works Act Appendix attached thereto is in full force and effect.