Common use of Representations and Warranties of ADOT Clause in Contracts

Representations and Warranties of ADOT. 12 ADOT makes the representations, warranties and covenants set forth in this 13 Section 2.4. 14 (a) As of the Effective Date, ADOT has full power, right and 15 authority to execute, deliver and perform its obligations under, in accordance with and 16 subject to the terms and conditions of the Contract Documents to which it is a Party. 17 (b) Each Person executing on behalf of ADOT, the Contract 18 Documents to which ADOT is a Party, has been or at the time of execution will be duly 19 authorized to execute each such document on behalf of ADOT. 20 (c) As of the Effective Date, there is no action, suit, proceeding, 21 investigation or litigation pending and served on ADOT which challenges ADOT’s 22 authority to execute, deliver or perform, or the validity or enforceability of, the Contract 23 Documents to which ADOT is a Party, or which challenges the authority of the officials 24 executing the Contract Documents; provided, however, that no such representation is 25 made regarding the existence or effect of litigation regarding compliance with NEPA or 26 other laws identified in the Federal Highway Administration Record of Decision for the 27 Project dated March 5, 2015.

Representations and Warranties of ADOT. 12 7 ADOT makes the representations, warranties and covenants set forth in this 13 8 Section 2.4. 14 9 (a) As of the Effective Date, ADOT has full power, right and 15 10 authority to execute, deliver and perform its obligations under, in accordance with and 16 11 subject to the terms and conditions of the Contract Documents to which it is a Party. 17 12 (b) Each Person executing on behalf of ADOT, the Contract 18 13 Documents to which ADOT is a Party, has been or at the time of execution will be duly 19 14 authorized to execute each such document on behalf of ADOT. 20 15 (c) As of the Effective Date, there is no action, suit, proceeding, 21 16 investigation or litigation pending and served on ADOT which challenges ADOT’s 22 17 authority to execute, deliver or perform, or the validity or enforceability of, the Contract 23 18 Documents to which ADOT is a Party, or which challenges the authority of the officials 24 19 executing the Contract Documents; provided, however, that no such representation is 25 20 made regarding the existence or effect of litigation regarding compliance with NEPA or 26 21 other laws identified in the Federal Highway Administration Record of Decision for the 27 22 Project dated March 5, 2015.

Representations and Warranties of ADOT. 12 4 ADOT makes the representations, warranties and covenants set forth in this 13 5 Section 2.4. 14 6 (a) As of the Effective Date, ADOT has full power, right and 15 7 authority to execute, deliver and perform its obligations under, in accordance with and 16 8 subject to the terms and conditions of the Contract Documents to which it is a Party. 17 9 (b) Each Person executing on behalf of ADOT, the Contract 18 10 Documents to which ADOT is a Party, has been or at the time of execution will be duly 19 11 authorized to execute each such document on behalf of ADOT. 20 12 (c) As of the Effective Date, there is no action, suit, proceeding, 21 13 investigation or litigation pending and served on ADOT which challenges ADOT’s 22 14 authority to execute, deliver or perform, or the validity or enforceability of, the Contract 23 15 Documents to which ADOT is a Party, or which challenges the authority of the officials 24 16 executing the Contract Documents; provided, however, that no such representation is 25 17 made regarding the existence or effect of litigation regarding compliance with NEPA or 26 18 other laws identified in the Federal Highway Administration Record of Decision for the 27 19 Project dated March 5, 2015.

Representations and Warranties of ADOT. 12 7 ADOT makes the representations, warranties and covenants set forth in this 13 Section 2.4. 14 (a) 8 2.4.1 As of the Effective Date, ADOT has full power, right and 15 authority to 9 execute, deliver and perform its obligations under, in accordance with and 16 subject to the 10 terms and conditions of the Contract Documents to which it is a Party. 17 (b) 11 2.4.2 Each Person executing on behalf of ADOT, the Contract 18 Documents to 12 which ADOT is a Party, has been or at the time of execution will be duly 19 authorized to 13 execute each such document on behalf of ADOT. 20 (c) 14 2.4.3 As of the Effective Date, there is no action, suit, proceeding, 21 15 investigation or litigation pending and served on ADOT which challenges ADOT’s 22 16 authority to execute, deliver or perform, or the validity or enforceability of, the Contract 23 17 Documents to which ADOT is a Party, or which challenges the authority of the officials 24 18 executing the Contract Documents; provided, however, that no such representation is 25 19 made regarding the existence or effect of litigation regarding compliance with NEPA or 26 20 other laws identified in the Federal Highway Administration Record of Decision for the 27 21 Project dated March 5, 2015. 22 2.4.4 As of the Effective Date, each of the Contract Documents to which 23 ADOT is (or will be) a party constitutes (or at the time of execution and delivery will