Representations and Warranties of the [Department and the ]BSCC. (a) Under the provisions of the State Constitution, the applicable State statutes, and applicable jurisprudence of the State, the [Department and the ]BSCC each have the power to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder.
Representations and Warranties of the [Department and the ]BSCC. Under the provisions of the State Constitution, the applicable State statutes, and applicable jurisprudence of the State, the [Department and the ]BSCC each have the power to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. The [Department and the ]BSCC have each taken all actions and have obtained all consents necessary to enable the [Department and the ]BSCC to enter into this Agreement, to be bound hereby, to consummate the transactions contemplated hereby and to perform its obligations hereunder. The persons executing and delivering this Agreement on behalf of the [Department and the ]BSCC have been duly authorized and empowered to do so. The execution and delivery of this Agreement on behalf of the [Department and the ]BSCC will bind and obligate the [Department and the ]BSCC to the extent provided by the terms hereof. There exists no litigation or other proceeding pending against the [Department or the ]BSCC (with service of process having been accomplished) that, if determined adversely, would materially and adversely affect the ability of the [Department or the ]BSCC to consummate the transactions contemplated hereby or to perform its obligations hereunder. The execution and delivery of this Agreement and the Ground Lease, the Right of Entry, the Site Lease, the Facility Lease, the BSCC Agreement and the Facility Sublease, the consummation of the transactions herein and therein contemplated and the fulfillment of or compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease, contract or other agreement or instrument to which the [Department or the ]BSCC is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the [Department or the ]BSCC, which conflict, violation, breach, default, lien, charge or encumbrance might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Agreement, the Ground Lease, the Right of Entry, the BSCC Agreement o...
