Representations and warranties of the Land Trust. The Land Trust represents and warrants to WHC that: (a) it is a registered Canadian charity; (b) it has the requisite power to own the Property described in the Project, to carry on the activities and to perform its obligations as contemplated by this Agreement; (c) is in compliance or substantially in compliance with the Canadian Land Trust Standards and Practices (2019) or with the Guide des bonnes pratiques en intendance privée: aspects juridiques et organisationnels; (d) the execution and delivery of this Agreement and the carrying out of all of the activities contemplated hereby, have been duly authorized by all requisite action of its Board of Directors; (e) this Agreement constitutes a legally binding obligation of the Land Trust, enforceable against it in accordance with its terms, subject to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree ordering specific performance or other equitable remedies. (f) it has an established Stewardship Endowment Funds policy that complies with Program Guideline requirements; (g) that the full SEF amount indicated on the approved project budget will be in place in the appropriate account by the final reporting deadline; (h) any other Federal funding will be used only for unique expenditures and project hectares have been prorated in accordance with program requirements; and, (i) that all financial reporting will be accurate and no rebatable taxes will be included.
Appears in 4 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Representations and warranties of the Land Trust. The Land Trust represents and warrants to WHC that:
(a) it is a registered Canadian charity;
(b) it has the requisite power to own the Property described in the Project, to carry on the activities and to perform its obligations as contemplated by this Agreement;
(c) is in compliance or substantially in compliance with the Canadian Land Trust Standards and Practices (2019) or with the Guide des bonnes pratiques en intendance privée: aspects juridiques et organisationnels;
(d) the execution and delivery of this Agreement and the carrying out of all of the activities contemplated hereby, have been duly authorized by all requisite action of its Board of Directors;
(e) this Agreement constitutes a legally binding obligation of the Land Trust, enforceable against it in accordance with its terms, subject to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree ordering specific performance or other equitable remedies.
(f) it has an established Stewardship Endowment Funds policy that complies with Program Guideline requirements;
(g) that the full SEF amount indicated on the approved project budget will be in place in the appropriate account by the final reporting deadline;
(h) any other Federal funding will be used only for unique expenditures and project hectares have been prorated in accordance with program requirementsreqirements; and,
(i) that all financial reporting will be accurate and no rebatable rebatatle taxes will be included.
Appears in 1 contract
Samples: Funding Agreement
Representations and warranties of the Land Trust. The Land Trust represents and warrants to WHC that:
(a) : it is a registered Canadian charity;
(b) ; it has the requisite power to own the Property described in the Project, to carry on the activities and to perform its obligations as contemplated by this Agreement;
(c) ; is in compliance or substantially in compliance with the Canadian Land Trust Standards and Practices (2019) or with the Guide des bonnes pratiques en intendance privée: aspects juridiques et organisationnels;
(d) ; the execution and delivery of this Agreement and the carrying out of all of the activities contemplated hereby, have been duly authorized by all requisite action of its Board of Directors;
(e) ; this Agreement constitutes a legally binding obligation of the Land Trust, enforceable against it in accordance with its terms, subject to enforcement of remedies to applicable bankruptcy, insolvency, reorganization and other laws affecting generally the enforcement of the rights of creditors and subject to a court's discretionary authority with respect to the granting of a decree ordering specific performance or other equitable remedies.
(f) . it has an established Stewardship Endowment Funds policy that complies with Program Guideline requirements;
(g) ; that the full SEF amount indicated on the approved project budget will be is in place in the appropriate account by account; that the final reporting deadline;
(h) full claimed match amount at application, is confirmed; any other Federal funding will be has been used only for unique expenditures and 100% of total project land hectares have been prorated allotted to the NHCP-LTCF Program in accordance with program requirements; and,
(i) , that all financial reporting will be is accurate and no rebatable taxes will be have been included.
Appears in 1 contract
Samples: Funding Agreement