Representations and Warranties of EM. EM represents and warrants to Metro that as of the date of each transfer hereunder (i) each RER meets the specifications set forth in this Contract; (ii) EM has good and marketable title to the RERs; (iii) all right, title and interest in and to the RERs are free and clear of any liens, taxes, claims, security interests, or other encumbrances; (iv) EM did not sell, market, or otherwise represent as renewable energy the electrical energy that was generated with the RERs; (v) RERs that EM transfers to Metro meet the requirements of 42 U.S.C. §7546 for the generation of RINs neither EM nor any other party, to the knowledge of EM following reasonable inquiry, used the electrical energy that was generated with the RERs to meet any federal, state, or local renewable energy requirement, renewable energy procurement standard, renewable portfolio standard, or other renewable energy mandate; and (vi) .vii) EXCEPT FOR ANY WARRANTIES EXPRESSLY MADE IN THIS CONTRACT, EM EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Representations and Warranties of EM. E&M and its majority Shareholders, and each of them, represent and warrant to OIL as follows:
Representations and Warranties of EM. EM hereby represents and warrants to CDII as follows:
Representations and Warranties of EM. EM represents and warrants to the Xxxxx Holders and the Xxxxxxx Holders as follows:
Representations and Warranties of EM. EM represents and warrants that it has the necessary power and authority to enter into and carry on its obligation in this Agreement. The Agreement has been duly authorized, executed and delivered by EM, constitutes a valid and binding obligation of EM and is enforceable in accordance with its terms. EM represents and warrants that MHSNB has exclusive rights to provide Extra-Mural Program Services in the Province of New Brunswick during the term of this Agreement. EM further represents and warrants that any information provided to MHSNB in the development of the Agreement is true and correct in all material respects. And without limitation, EM represents and warrants that all information provided to MHSNB to develop the Baseline Budget is true and correct in material respects and that all of the historical data which was used by EM to establish Performance Standards, Penalties and Key Performance Indicators are true and correct in all material respects. For further certainty, EM represents and warrants that the funding provided by EM in the Baseline Budget includes the cost of all services provided by any other Government body or Agency other than EM that is required for a delivery of the Extra-Mural Program Services and the Extra-Mural Administration Services, as appropriate.
