Shipper’s Representations and Warranties. If Shipper requests Union to zero rate the GST/HST on any gas transportation charges, Shipper must provide Union with an executed declaration in the form provided by Union.
Shipper’s Representations and Warranties. The Shipper represents and warrants that:
(a) (power to execute and perform): it has the power to execute, deliver and carry out its obligations under this agreement and all necessary action has been taken to authorise that execution, delivery and performance;
(b) (validity): this agreement constitutes a valid and legally binding obligation on it in accordance with its terms;
(c) (legality): the execution, delivery and carrying out of its obligations under this agreement does not violate any law to which the Shipper is subject.
(d) (no trust relationship): except as stated in this agreement, it is not the trustee or responsible entity (as defined in the Corporations Act) of any trust nor does it hold any property subject to or impressed by any trust; and
(e) (licence and permits): the Shipper will have at all times all licences and permits required by law regarding dealing with Gas transported by the Pipeline;
(f) (required arrangements): the Shipper has made or, prior to the Service Start Date applicable to a Path under the agreement will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Pipeline Shippers at shared Receipt Points and Delivery Points) of Gas transported on the Shipper's behalf;
(g) (Receipt Point): the Shipper will ensure that the person who delivers the Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(h) (Delivery Point): the Shipper will ensure that the person to whom the Gas is delivered on its account under this agreement at each of its Delivery Points will at all times have the right to receive it; and
(i) (Delivery Point arrangements): the Shipper will ensure that the necessary upstream and downstream Gas supply arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Gas can be received and delivered by the Transporter.
Shipper’s Representations and Warranties. If Shipper requests Enbridge to zero rate the GST/HST on any gas transportation charges, Shipper must provide Enbridge with an executed declaration in the form provided by Enbridge.
Shipper’s Representations and Warranties. Shipper's Warranty: Shipper warrants that it will, if required, maintain, or have maintained on its behalf, all external approvals including the governmental, regulatory, import/export permits and other approvals or authorizations that are required from any federal, state or provincial authorities for the gas quantities to be handled under this Contract. Shipper further warrants that it shall maintain in effect the Facilitating Agreements.
Shipper’s Representations and Warranties. SCHEDULE 1
Shipper’s Representations and Warranties. If Shipper requests Enbridge to zero rate the GST/HST on any storage charges, Shipper must provide Enbridge with an executed declaration in the form provided by Enbridge.
Shipper’s Representations and Warranties. The Shipper represents and warrants as of the date of execution that:
(a) it is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and has all requisite legal power and authority to execute this Agreement and carry out the terms, conditions and provisions hereof;
(b) this Agreement constitutes a valid, legal and binding obligation of the Shipper, enforceable in accordance with the terms hereof;
(c) there are no actions, suits or proceedings pending or, to the Shipper’s knowledge, threatened against or affecting the Shipper before any court or administrative body that might materially adversely affect the ability of the Shipper to meet and carry out its obligations under this Agreement; and
(d) the Shipper has taken all corporate or other necessary action to authorize the execution and delivery by the Shipper of this Agreement.
Shipper’s Representations and Warranties. The Shipper represents and warrants as at the date of execution that:
(a) it is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and has all requisite legal power and authority to execute this Agreement and carry out the terms, conditions and provisions hereof;
(b) this Agreement constitutes a valid, legal and binding obligation of the Shipper, enforceable in accordance with the terms hereof;
(c) there are no actions, suits or proceedings pending or, to the Shipper’s knowledge, threatened against or affecting the Shipper before any court or administrative body that might materially adversely affect the ability of the Shipper to meet and carry out its obligations under this Agreement;
(d) the Shipper has taken all corporate or other necessary action to authorize the execution and delivery by the Shipper of this Agreement; and
(e) at the time of Tendering at the applicable Designated Receipt Point until Petroleum is delivered to the Shipper at the applicable Designated Delivery Point, the Shipper will have title to or the right to Tender all Petroleum Tendered by it or on its behalf to the Carrier for transportation free and clear of liens and encumbrances and adverse claims of every kind.
Shipper’s Representations and Warranties.
(a) Subject to clause 24.2(b) the Shipper represents and warrants to the Owner that:
(i) it has in full force and effect all authorisations necessary to observe its obligations under this Contract, and to allow those obligations to be enforced;
(ii) its obligations under this Contract are valid and binding and are enforceable against it in accordance with their terms;
(iii) this Contract and any transaction under it does not contravene the Shipper's constituent documents or any Law or any of its obligations or undertakings by which it or any of its assets are bound or cause to be exceeded any limitation on its, or its directors', powers;
(iv) its obligations to make payments under this Contract rank at least equally with all unsecured and unsubordinated indebtedness of the Shipper except debts mandatorily preferred by Law;
(v) neither the Shipper nor any of its Related Bodies Corporate is in default under a Law affecting any of them or their respective assets, or any obligation or undertaking by which it or any of its assets are bound which will or might reasonably be expected to, materially affect its ability to perform the obligations under this Contract;
(vi) there is no pending or threatened action or proceeding affecting the Shipper or any of its Related Bodies Corporate or any of their respective assets before a court, governmental agency, commission, arbitrator or other tribunal which will, or might reasonably be expected to, materially affect its ability to perform its obligations under this Contract;
(vii) neither the Shipper nor any of its Related Bodies Corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise); and
(viii) the Shipper is not an agent or trustee in relation to this Contract or in relation to the Gas to be Received or Delivered under this Contract.
(b) The representations and warranties in clause 24.2 are made on and from the Capacity Start Date, and are made anew on each day thereafter for the duration of this Contract.
Shipper’s Representations and Warranties. The Shipper makes the following representations and warranties for the benefit of the Service Provider on each of the date of this document, the Commencement Date and on the date any Annexure is executed:
(a) the Shipper has full corporate power and authority to enter into and perform this document and the Annexure;
(b) the Shipper will have at all times all licences and permits required by law regarding dealing with Natural Gas transported by the TGP;
(c) the Shipper has made or, prior to the Service Start Date applicable to a Path under this document will have made, all necessary or required arrangements for the pressure regulation, temperature regulation and measurement (for the purposes of allocation of quantities between Shippers at shared Receipt Points and Delivery Points) of Natural Gas transported on the Shipper's behalf;
(d) the Shipper will ensure that the person who delivers the Natural Gas on its account at its Receipt Points will at all times have the right or obligation to deliver it;
(e) Shipper will ensure that the person to whom the Natural Gas is delivered on its account under this document at each of its Delivery Points will at all times have the right to receive it;
(f) subject to clause 10.4, the Shipper will ensure that the Natural Gas received onto the TGP at its Receipt Points will meet the quality requirements set out in clause 10; and
(g) the Shipper will ensure that the necessary upstream and downstream Natural Gas supply and transportation arrangements will at all times be in place so that its scheduled quantities and nominated quantities of Natural Gas can be received and delivered by the Service Provider. Each of these representations and warranties are separate and do not affect the interpretation of another representation or warranty.
