Representations by the City. The City makes the following representations as the basis for the undertakings on its part herein contained:
Representations by the City. The City represents that:
Representations by the City. The City makes the following representations as the basis for its undertakings in this Agreement:
Representations by the City. The City makes the following representations and warranties as the basis for its covenants herein:
Representations by the City. The City represents that it is a home rule Texas municipal corporation and to the best of its actual knowledge has the power to enter into this Agreement and to carry out its obligations hereunder. However, notwithstanding any other provision of this Agreement, it is understood and expressly agreed by Fenway that the City does not warrant or guarantee that the Program Grant payment (and any part thereof) as described herein will be upheld as valid, lawful, enforceable or constitutional in the event the statutory or other authority for the same or the City’s use thereof is challenged by court action or other action or proceeding (including any action or proceeding involving the Texas Attorney General). In the event such court or other action or proceeding related to the legality of this Agreement and the providing of the Program Grant (or any part thereof) is instituted, the Parties shall defend or respond to such action or proceeding at their respective expense. Should such litigation, action or other proceeding result in a determination that this Agreement or the payment of the Program Grant (or any part thereof) was or is prohibited under federal, state or local law (including any constitutional or charter provision), rule or regulation, and so result in the loss of the Program Grant as provided herein, Fenway shall have no recourse against the City or any of its officials, officers, employees, agents, or volunteers, past or present, and Fenway shall promptly repay to the City the Program Grant payment previously made to Fenway by the City.
Representations by the City. CITY makes the following representations:
Representations by the City. (a) The City, by acceptance hereof, and upon the date of each remarketing of the Bonds, represents and warrants to the Remarketing Agent that it has full power and authority to take all actions required or permitted to be taken by it by or under, and to perform and observe the covenants and agreements on its part contained in, this Remarketing Agreement and any other agreement or instrument relating to the Bonds to which the City is a party, including without limitation the Indenture, and when duly executed and delivered by the respective parties thereto, this Remarketing Agreement and such other related agreements or instruments will constitute legal, valid and binding obligations of the City enforceable against the City in accordance with the respective terms thereof, except as the enforcement thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting the enforcement of creditors’ rights generally (“Creditors’ Rights Limitations”) and by general principles of equity and to limitations on legal remedies against public agencies within the State of California.
Representations by the City. The City represents, warrants and covenants that:
