Recipient’s Representations and Warranties. The Recipient represents and warrants that:
(a) the Project (including but not limited to any land management activities) will provide a benefit to the Native Title Party or where native title is not claimed or has been determined not to exist, the Aboriginal group/s with traditional rights and interests in the area over which the Project will take place;
(b) the Project is supported by the Native Title Party, or where native title is not claimed or has been determined not to exist, the Aboriginal group/s with traditional rights and interests in the area over which the Project will take place;
(c) it has authority to enter into and observe its Obligations under this Agreement;
(d) its Obligations under this Agreement are valid and binding and are enforceable against the Recipient in accordance with their terms;
(e) all authorisations, registrations, consents, approvals, licences and permits which are or will be required in connection with the performance by the Recipient of its Obligations under this Agreement have been or will be obtained or effected and are or will be and will remain in force and effect for as long as necessary;
(f) there is no litigation, arbitration or administrative proceedings currently taking place, pending or threatened against the Recipient which could have a materially adverse effect on the Recipient’s ability to perform any Obligation under this Agreement;
(g) to the best of the Recipient’s knowledge, information and belief, the Recipient is not in default or breach under a law, regulation, official directive, instrument, undertaking or obligation materially affecting it and /or its ability to perform any Obligation under this Agreement;
(h) this Agreement and performance under it does not violate its constituent documents, any law, regulation or government order or decree or any consent, registration, approval, licence or permit or any agreement, order or award binding on the Recipient;
(i) it is unaware of any act, matter, thing or circumstance by reason of which it would be unable to perform any Obligation under this Agreement;
(j) all information provided by or on behalf of the Recipient to the Department relating to the Recipient 's affairs, the Project and this Agreement are true, accurate and complete in all material respects and, without limiting this clause, all financial information provided by or on behalf of the Recipient to the Department is, in all material respects, a true, fair and accurate statement of its finan...
Recipient’s Representations and Warranties. Recipient represents and warrants to DEQ as follows:
a. Recipient is duly organized, validly existing, and in good standing under the laws of Oregon. Recipient has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder.
b. The making and performance by Recipient of this Agreement: (1) have been duly authorized by all necessary action of Recipient; (2) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board, or other administrative agency, or any provision of Recipient’s organic documents; and (3) do not and will not result in the breach of, or constitute a default or require any consent under, any agreement or instrument to which Recipient is a party or by which Recipient or any of its properties are bound or affected.
c. This Agreement has been duly authorized, executed and delivered on behalf of Recipient and constitutes the legal, valid, and binding obligation of Recipient, enforceable in accordance with its terms.
d. No authorization, consent, license, approval of, filing or registration with, or notification to, any governmental body or regulatory or supervisory authority is required for the execution, delivery or performance by Recipient of this Agreement.
Recipient’s Representations and Warranties. (a) The Recipient has the requisite power, authority and capacity to execute, deliver and perform its obligations under this Agreement, which has been duly authorized, executed, and delivered by the Recipient and constitutes a legal, valid, and binding obligation of the Recipient.
(b) The Recipient and any property on which the Units are situated are in compliance with all applicable laws, including all environmental laws and municipal zoning, in all material respects.
(c) It is a condition of this Agreement that all representations and warranties made in this Agreement or any other document or reporting by the Recipient are true, complete and correct.
Recipient’s Representations and Warranties. In connection with the exchange of the Existing Units for the New Units hereunder, Recipient hereby represents and warrants to the Company that:
Recipient’s Representations and Warranties. 10.1 The Recipient represents and warrants that:
(a) it is a municipality duly incorporated under its applicable corporate legislation and is in good standing under the laws of each jurisdiction in which it is required to be registered and will maintain its corporate existence in good standing during the term of this Agreement;
(b) it has the power and authority to enter into this Agreement;
(c) it has the power, authority and capacity to carry out the Project; and,
(d) it will perform its obligations under this Agreement and carry out the Project in compliance with all applicable federal, provincial, or municipal laws.
Recipient’s Representations and Warranties. (a) The Recipient has the requisite power, authority and capacity to execute, deliver and perform its obligations under this Agreement, which has been duly authorized, executed, and delivered by the Recipient and constitutes a legal, valid, and binding obligation of the Recipient.
(b) The Recipient and any property on which the Units are situated are owned by the Recipient, or will be owned by the Recipient prior to the commencement of the project, the property on which the Units will be situated will remain owned by the Recipient during the Term of this Agreement, and such property is in compliance with all applicable laws, including all environmental laws and municipal zoning, in all material respects.
(c) The Recipient represents and warrants that the Recipient has not and will not borrow any funds for the completion or operation of the Deliverables and the Recipient has sufficient funds that, when combined with the Contribution, will allow for the completion of the Deliverables and has additional resources to cover any required contingency amount for cost over-runs.
(d) It is a condition of this Agreement that all representations and warranties made in this Agreement or any other document or reporting by the Recipient are true, complete and correct.
Recipient’s Representations and Warranties. Recipient represents and warrants to DEQ as follows:
(a) Recipient is duly organized, validly existing, and in good standing under the laws of Oregon. Recipient has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder.
(b) The making and performance by Recipient of this Agreement: (1) have been duly authorized by all necessary action of Recipient; (2) do not and will not violate any provision of any applicable law, rule, or regulation or order of any court, regulatory commission, board, or other administrative agency, or any provision of Recipient’s organic documents; and
Recipient’s Representations and Warranties. Recipient represents and warrants to Grantor as follows:
Recipient’s Representations and Warranties. Recipient represents and warrants to OSFM as follows:
Recipient’s Representations and Warranties. The Recipient represents and warrants to CMHC, as of the Effective Date, that:
(i) all information provided to CMHC in the Approved Action Plan, application and any supporting documentation is true and correct;
(ii) it has the requisite power, authority and capacity to execute, deliver and perform its obligations under this Agreement and this Agreement constitutes a legal, valid, and binding obligation of the Recipient; and
(iii) it has obtained all necessary approvals and other actions whatsoever required as of the Effective Date in connection with the execution and delivery of this Agreement except for any approvals required to implement any Commitments which the Recipient has yet to obtain. The Recipient acknowledges that CMHC is relying on such representations and warranties without independent investigation.
