Common use of Representations and Covenants of the Agency Clause in Contracts

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Agreement. (c) The Agency will lease the Land from the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living. (d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Agreement. (c) The Agency will lease the Land from the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living. (d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the ofthe Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the ofthe Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Agreement. (c) The Agency will lease the Land from the Company pursuant to this Lease this_ Le�se Agreement and lease the .the Land back to the Company pursuant to ;the Leaseback Leas_eback 60375-029v3 Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living. (d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings underta.ldngs on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the ProjectFacility, the Agency has the authority to take the the. actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Agreement. (c) The Agency will lease the Land Facility from the Company pursuant to this Lease Agreement and Agreement, lease the Land Facility back to the Company pursuant to the Leaseback Agreement ·· of . even date herewith ("Leaseback Agreement") and designate the Company as its its. agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County of Xxxxxxxx and improving their standard of living. (d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the · provisions of this Lease Agreement will conflict with or result in a breach of any of the termste1111s, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking unde1iaking of the Company to acquireconstruct, constructreconstruct, renovate, install and equip the Project Facility and the related jobs resulting therefrom in the CountyCounty of Xxxxxxxx, StateNew York.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings underiakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under tmder the Act.. 60321-037v5 (b) The Agency has been duly authorized to execute and deliver this Lease Agreement. (c) The Agency will lease the Land from the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting ofpromoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County and improving their standard of living. (d) Neither the execution and delivery of this Lease Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or ofor compliance with the provisions of this Lease Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Leaseback Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the ProjectFacility, the Agency has the authority to take the actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Leaseback Agreement. (c) The Agency will take title to or a leasehold interest in the Facility, lease the Land from Facility to the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of Orange County and the State and the County and improving their standard of living. (d) Neither the execution and delivery of this Lease Leaseback Agreement, the consummation of the transactions contemplated hereby, hereby nor the fulfillment of or compliance with the provisions of this Lease Leaseback Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms tetins of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Leaseback Agreement by the undertaking of the Company to acquire, construct, install equip, repair and equip maintain the Project Facility and the related jobs resulting therefrom in the Orange County, StateNew York.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) The Agency is duly established under the provisions of the Act and has the power to enter into the transaction transactions contemplated by this Lease Leaseback Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the ProjectFacility, the Agency has the authority to take the actions contemplated herein under the Act. (b) The Agency has been duly authorized to execute and deliver this Lease Leaseback Agreement. (c) The Agency will take title to or a leasehold interest in the Facility, lease the Land from Facility to the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes of the Projectacquisition, construction and equipping of the Facility, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County City of Mount Vernon, New York, and improving their standard of living. (d) Neither the execution and delivery of this Lease Leaseback Agreement, the consummation of the transactions contemplated hereby, hereby nor the fulfillment of or compliance with the provisions of this Lease Leaseback Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Leaseback Agreement by the undertaking of the Company to acquire, construct, install renovate, equip, repair and equip maintain the Project Facility and the related jobs resulting therefrom in for the Countyresidents of the City of Mount Vernon, StateNew York.

Representations and Covenants of the Agency. The Agency makes the following representations and covenants as the basis for the undertakings on its part herein contained: (a) : 60375-031v3 The Agency is duly established under the provisions of the Act and has the power to enter into the transaction contemplated by this Lease Leaseback Agreement and to carry out its obligations hereunder. Based upon the representations of the Company as to the utilization of the Project, the Agency has the authority to take the actions contemplated herein under the Act. (b) . The Agency has been duly authorized to execute and deliver this Lease Leaseback Agreement. (c) . The Agency will take or has taken a leasehold interest in the Project, lease the Land from Project to the Company pursuant to this Lease Agreement and lease the Land back to the Company pursuant to the Leaseback Agreement of even date herewith ("Leaseback Agreement") and designate the Company as its agent for purposes acquiring, constructing, installing and equipping of the Project, all for the purpose of promoting the industry, health, welfare, convenience and prosperity of the inhabitants of the State and the County of Xxxxxxxx and improving their standard of living. (d) . Neither the execution and delivery of this Lease Leaseback Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions of this Lease Leaseback Agreement will conflict with or result in a breach of any of the terms, conditions or provisions of the Act or of any corporate restriction or any agreement or instrument to which the Agency is a party or by which it is bound, OT or will constitute default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Agency under the terms of any such instrument or agreement. (e) The Agency has been induced to enter into this Lease Agreement by the undertaking of the Company to acquire, construct, install and equip the Project and the related jobs resulting therefrom in the County, State.