Representations and Warranties of the Power Producer. 18.2.1 The Power Producer hereby represents and warrants to and agrees with Xxxxxxxx as follows and acknowledges and confirms that Xxxxxxxx is relying on such representations and warranties in connection with the transactions described in this PPA.
Representations and Warranties of the Power Producer. The Power Producer hereby represents and warrants to and agrees with Procurer as follows and acknowledges and confirms that Procurer is relying on such representations and warranties in connection with the transactions described in this PPA. The Power Producer has all requisite power authorising and has been duly authorised to execute and consummate this PPA; This PPA is enforceable against the Power Producer in accordance with its terms; The consummation of the transactions contemplated by this PPA on the part of the Power Producer will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, PPA, license, permit, evidence of indebtedness, restriction, or other contract to which the Power Producer is a party or to which the Power Producer is bound which violation, default or power has not been waived; The Power Producer is not insolvent and no insolvency proceedings have been instituted, or not threatened or pending by or against the Power Producer; There are no actions, suits, claims, proceedings or investigations pending or, to the best of Power Producer’s knowledge, threatened in writing against the Power Producer at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgements, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to execute the Project or to comply with its obligations under this PPA. The Power Producer makes all the representations and warranties above to be valid as on the date of this PPA. MISCELLANEOUS PROVISIONS Amendment This PPA may only be amended or supplemented by a written PPA between the Parties or their successor and permitted assign and after duly obtaining the approval of the Appropriate authority, if necessary and relevant. Third Party Beneficiaries This PPA is solely for the benefit of the Parties and their respective successors and permitted assigns and shall not be construed as creating any duty, standard of care or any liability to, any person not a party to this PPA. Industry Standard Except as otherwise set forth herein, for the purpose of the PPA the normal standards of performance within the solar photovoltaic power generation industry in the relevant market shall be the measure of whether a Part...
