Common use of Recipient’s Representations, Warranties and Covenants Clause in Contracts

Recipient’s Representations, Warranties and Covenants. The Recipient represents, warrants and covenants as follows and acknowledges that the IESO is relying on such representations, warranties and covenants in entering into the Funding Agreement: (a) it has reviewed the Guidelines and this Funding Agreement, and acknowledges that the IESO has recommended that it receive independent legal advice with respect to the IEP Program and the Funding Agreement, and has had an opportunity to receive such advice; (b) it is a First Nation or Métis Community or a First Nation or Métis Organization; (c) it is validly existing and it has the requisite power and capacity to enter into the Funding Agreement and to perform its obligations hereunder; (d) it has duly authorized, executed and delivered the Funding Agreement, and the Funding Agreement is a valid and binding obligation of the Recipient enforceable in accordance with its terms; (e) any information the Recipient provided to the IESO, whether in or in support of the Application or Funding Agreement, is true and complete as of the date the Recipient executed the Funding Agreement; (f) the Recipient has obtained all required third party consents, permissions, and authorizations and otherwise has all authority to do all things contemplated in the Funding Agreement; (g) the Recipient shall comply with all applicable laws in connection with all things contemplated in the Funding Agreement, including applicable privacy laws; (h) with respect to a Renewable Energy Project Partnership or Transmission Project Partnership, the Recipient did not, as of October 26, 2017, hold an Economic Interest in the Project Partner or its Affiliate; and (i) unless otherwise set out in the Application, the Recipient has not received, and does not expect to receive, funding from another source in relation to any Work for which funding is being provided under the Funding Agreement.

Recipient’s Representations, Warranties and Covenants. The Recipient represents, warrants and covenants as follows and acknowledges that the IESO is relying on such representations, warranties and covenants in entering into the Funding Agreement: (a) it has reviewed the Guidelines and this Funding Agreement, and acknowledges that the IESO has recommended that it receive independent legal advice with respect to the IEP CEC Program and the Funding Agreement, and has had an opportunity to receive such advice; (b) it is a First Nation or Métis Community Community, or a First Nation or Métis Organization; (c) it is validly existing and it has the requisite power and capacity to enter into the Funding Agreement and to perform its obligations hereunder; (d) it has duly authorized, executed and delivered the Funding Agreement, and the Funding Agreement is a valid and binding obligation of the Recipient enforceable in accordance with its terms; (e) any information the Recipient provided to the IESO, whether in or in support of the Application or Funding Agreement, is true and complete as of the date the Recipient executed the Funding Agreement; (f) the Recipient has obtained all required third party consents, permissions, and authorizations and otherwise has all authority to do all things contemplated in the Funding Agreement; (g) the Recipient shall comply with all applicable laws in connection with all things contemplated in the Funding Agreement, including applicable privacy laws; (h) with respect to a Renewable Energy Project Partnership or Transmission Project Partnership, the Recipient did not, as of October 26, 2017, hold an Economic Interest in the Project Partner or its Affiliate; and (ih) unless otherwise set out in the Application, the Recipient has not received, and does not expect to receive, funding from another source in relation to any CEC Work for which funding is being provided under the Funding Agreement.

Recipient’s Representations, Warranties and Covenants. The Recipient represents, warrants and covenants as follows and acknowledges that the IESO is relying on such representations, warranties and covenants in entering into the Funding Agreement: (a) it has reviewed the Guidelines and this Funding Agreement, and acknowledges that the IESO has recommended that it receive independent legal advice with respect to the IEP Program and the Funding Agreement, and has had an opportunity to receive such advice; (b) it is a First Nation or Métis Community or Community, a First Nation or Métis OrganizationOrganization or an Eligible Non-Indigenous Entity; (c) it is validly existing and it has the requisite power and capacity to enter into the Funding Agreement and to perform its obligations hereunder; (d) it has duly authorized, executed and delivered the Funding Agreement, and the Funding Agreement is a valid and binding obligation of the Recipient enforceable in accordance with its terms; (e) any information the Recipient provided to the IESO, whether in or in support of the Application or Funding Agreement, is true and complete as of the date the Recipient executed the Funding Agreement; (f) the Recipient has obtained all required third party consents, permissions, and authorizations and otherwise has all authority to do all things contemplated in the Funding Agreement; (g) the Recipient shall comply with all applicable laws in connection with all things contemplated in the Funding Agreement, including applicable privacy laws; (h) with respect to a Renewable Energy Project Partnership or Transmission Project Partnership, the Recipient did not, as of October 26, 2017, hold an Economic Interest in the Project Partner or its Affiliate; and (ih) unless otherwise set out in the Application, the Recipient has not received, and does not expect to receive, funding from another source in relation to any Work for which funding is being provided under the Funding Agreement.

Recipient’s Representations, Warranties and Covenants. The Recipient represents, warrants and covenants as follows and acknowledges that the IESO is relying on such representations, warranties and covenants in entering into the Funding Agreement: (a) it has reviewed the Guidelines and this Funding Agreement, and acknowledges that the IESO has recommended that it receive independent legal advice with respect to the IEP Program and the Funding Agreement, and has had an opportunity to receive such advice; (b) it is a First Nation or Métis Community or a First Nation or Métis Organization; (c) it is validly existing and it has the requisite power and capacity to enter into the Funding Agreement and to perform its obligations hereunder; (d) it has duly authorized, executed and delivered the Funding Agreement, and the Funding Agreement is a valid and binding obligation of the Recipient enforceable in accordance with its terms; (e) any information the Recipient provided to the IESO, whether in or in support of the Application or Funding Agreement, is true and complete as of the date the Recipient executed the Funding Agreement; (f) the Recipient has obtained all required third party consents, permissions, and authorizations authorizations, and otherwise has all authority to do all things contemplated in the Funding Agreement; (g) the Recipient shall comply with all applicable laws in connection with all things contemplated in the Funding Agreement, including applicable privacy laws; (h) with respect to a Renewable Energy Project Partnership or Transmission Project Partnership, the Recipient did not, as of October 26, 2017, hold an Economic Interest in the Project Partner or its Affiliate; and (i) unless otherwise set out in the Application, the Recipient has not received, and does not expect to receive, funding from another source in relation to any Work for which funding is being provided under the Funding Agreement.