User’s Representations and Warranties. User represents and warrants to Service Provider that: (a) it has full power and authority to enter into this Agreement, and has taken all necessary action to authorise the execution and performance of this Agreement; (b) its obligations under this Agreement are legally valid and binding and are enforceable against it in accordance with their terms; (c) User's execution and performance of this Agreement does not: (i) contravene its constituent documents or any law or any obligations or undertakings by which it or any of its assets are bound; or (ii) exceed any limitation on its, or its directors', powers; (d) it is not in default under any law affecting it or its 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 its obligations under this Agreement; (e) it does not have immunity from the jurisdiction of a court or from legal process which will, or might reasonably be expected to, materially affect its ability to perform its obligations under this Agreement; and (f) there is no pending or threatened action or proceeding affecting User or any of its assets before a court, referee, Government Agency, commission, arbitrator or other tribunal which will, or might reasonably be expected to, materially affect its ability to perform its obligations under this Agreement.
Appears in 5 contracts
Samples: Gas Transportation Agreement, Gas Transportation Agreement, Gas Transportation Agreement