Utility Representations Sample Clauses
Utility Representations. Utility hereby represents and warrants that:
(i) It is a legally and regularly created, established, organized and existing home- rule municipal governmental unit, which municipality duly exists under the laws of the State and has all requisite power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby; (ii) The execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized by all necessary action; (iii) This Agreement is a legal, valid and binding obligation of Utility enforceable against Utility in accordance with its terms, subject to the qualification, however, that the enforcement of the rights and remedies herein is subject to bankruptcy, reorganization , insolvency, moratorium or other laws of equitable principles affecting the enforcement of creditors' rights; (iv) No approval by a Governmental Authority (other than any approvals which have been previously obtained or disclosed in writing to Owner) is required in connection with the due authorization, execution and delivery of this Agreement by Utility or the performance by Utility of its obligations hereunder which Utility has reason to believe that it will be unable to obtain in due course; (v) Neither the execution and delivery of this Agreement by Utility nor compliance by Utility with any of the terms and provisions of this Agreement (a) conflicts with, breaches or contravenes any contractual obligation of Utility, or (b) results in a condition or event that constitutes (or that, upon notice or lapse of time or both, would constitute) an event of default under any contractual obligation of Utility; and (vi) Utility has not entered into any contracts or agreements with any other person regarding the provision of the services contemplated to be provided by Owner under this Agreement.
Utility Representations. Utility hereby represents and warrants that: It is a legally and regularly created, established, organized and existing home- rule municipal governmental unit, which municipality duly exists under the laws of the State and has all requisite power and authority to enter into this Agreement, to perform its obligations hereunder and to consummate the transactions executed corporate resolution (if the assignee be a corporation) authorizing such Assignment agreement shall be sent to Utility not less than ten ( 10) days before the Contract Date of such Assignment.
Utility Representations. (a) Utility is a corporation duly organized, validly existing and in good standing under the laws of the State of Maryland and is in good standing in all jurisdictions where necessary in light of the business it conducts (including, without limitation, performance of its obligations under the Assigned Agreement) and the properties it owns.
(b) Utility has the necessary corporate power, authority and legal right to execute, deliver and perform the Assigned Agreement and this Agreement, and the execution and delivery by the Utility of the Assigned Agreement and this Agreement and the performance of its obligations there under and hereunder have been duly authorized by all necessary corporate action and do not and will not (i) require any consent or approval of the Utility's board of directors except for those consents and approvals which may have been duly obtained and are in full force and effect, (ii) violate any provisions of the corporate charter or by-laws of the Utility or any provision of any law, rule, or regulation, or any order, write, judgment, injunction, decree, determination or award having applicability to the Utility, or (iii) result in a breach of or constitute a default under any indenture or loan or credit agreement or any other agreement, lease or instrument to which the Utility is a party or by which it or its properties may be bound or affected.
(c) Each of the Assigned Agreement and this Agreement has been duly executed and delivered, is in full force and effect and constitutes a legal, valid and binding obligation of the Utility, enforceable in accordance with its terms, and there are no amendments, modifications or supplements thereto, either oral or written.
(d) Utility has not assigned, transferred, pledged or hypothecated the Assigned Agreement or any interest therein.
(e) Other than FERC approval, no consent or approval of, or other action by, or any notice or filing with, any court or administrative or governmental body (except those previously obtained and in full force and effect) is required in connection with the execution and delivery of the Assigned Agreement or this Agreement or the performance by the Utility of its obligations there under or hereunder.
(f) Utility has contracted for the delivery of power (including energy, capacity, ancillary services or other components) under the Assigned Agreement and will accept the delivery of such power from suppliers under the Assigned Agreement as agent for its customers.
Utility Representations