Common use of Representations and Warranties of the Government Clause in Contracts

Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under Applicable Laws to authorise the execution, delivery, and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this Agreement; (d) this Agreement constitutes a legal, valid, and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect on the Government’s ability to perform its obligations under this Agreement; and (f) it has complied with Applicable Laws in all material respects.

Appears in 2 contracts

Samples: Programme Agreement, Programme Agreement

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Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm Concessionaire that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under the Applicable Laws to authorise the execution, delivery, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this Agreement; (d) this Agreement constitutes a legal, valid, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect material adverse effect on the Government’s ability to perform its obligations under this Agreement; and; (f) it has complied with Applicable Laws in all material respects; (g) it has the right, power and authority to manage and operate the Project Highway up to the Appointed Date; and (h) it has good and valid right to the Site, and has power and authority to grant a licence in respect thereto to the Concessionaire.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm Concessionaire that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under the Applicable Laws to authorise the execution, delivery, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this the Agreement; (d) this Agreement constitutes a legal, valid, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect material adverse effect on the Government’s 's ability to perform its obligations under this Agreement; and; (f) it has complied with Applicable Laws in all material respects.; (g) it has the right, power and authority to manage and operate the Project Highway up to the COD; and (h) it has good and valid right to the Site, and has power and authority to grant a licence in respect thereto to the Concessionaire;

Appears in 1 contract

Samples: Concession Agreement

Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm Concessionaire that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions t ransactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under the Applicable Laws to authorise the execution, delivery, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this the Agreement; (d) this Agreement constitutes a legal, valid, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect material adverse effect on the Government’s ability to perform its obligations under this Agreement; and; (f) it has complied with Applicable Laws in all material respects.; (g) it has t he right, power and authorit y t o manage and operat e the Project Highway up to the COD; and (h) it has good and valid right to the Site, and has power and authority to grant a licence in respect thereto to the Concessionaire;

Appears in 1 contract

Samples: Concession Agreement

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Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm Concessionaire that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under the Applicable Laws to authorise the execution, delivery, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this the Agreement; (d) this Agreement constitutes a legal, valid, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect material adverse effect on the Government’s ability to perform its obligations under this Agreement; and; (f) it has complied with Applicable Laws in all material respects; and (g) it has good and valid right to the Site, and has power and authority to grant a licence in respect thereto to the Concessionaire.

Appears in 1 contract

Samples: Concession Agreement

Representations and Warranties of the Government. The Government represents and warrants to the Beneficiary Firm Technology Partner that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under Applicable Laws to authorise the execution, delivery, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this Agreement; (d) this Agreement constitutes a legal, valid, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any Material Adverse Effect material adverse effect on the Government’s ability to perform its obligations under this Agreement; and; (f) it has complied with Applicable Laws in all material respects; and (g) upon the Technology Partner submitting a written request stating the credentials of its personnel, it shall enable such personnel to travel on board the Trains for the purpose of undertaking its Maintenance Obligations in accordance with the provisions of this Agreement and Good Industry Practice.

Appears in 1 contract

Samples: Manufacturing Cum Maintenance Agreement

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