Authority of Developer. The Developer has full power and authority to execute and deliver this Agreement, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
Authority of Developer. Developer shall have no right or authority, express or implied, to commit or otherwise obligate Owner in any manner whatsoever except to the extent specifically provided herein or specifically authorized in writing by Owner.
Authority of Developer. 2.1 Subject to the terms of this Agreement, Owners hereby appoint Developer as their agent and authorize Developer to take all actions, and to make all decisions, necessary or appropriate in Developer's reasonable judgment to coordinate, oversee and supervise the Construction Contract and the development, design, procurement and construction of the Outside Plant, substantially in accordance with the Development Plan and Budget. Until the Outside Completion Date all communications with respect to the Outside Plant from Owners to the Construction Contractor, any subcontractors, suppliers, vendors (including the vendors of the fiber optic cable) or service providers and other persons affiliated or associated with the Outside Plant, including all approvals, shall be communicated through Developer. It is expressly understood and agreed that actions taken by Developer in accordance with this Agreement shall be taken by Developer as agent for and in the name of Owners, and all obligations, costs or expenses reasonably incurred by Developer in the performance of its obligations hereunder are the liability of the Owners in proportion to their Interests (except as otherwise provided in this Agreement) and not the liability of Developer. Any payments made by Developer in the performance of its responsibilities under this Agreement shall be made out of funds (a) that Developer from time to time holds in trust for the Owners or (b) that Owners provide to Developer, including amounts available to be drawn under the Letters of Credit provided by the Owners to Developer. Developer shall not be required to make any advances to, or for the account of, Owners or to pay any amount except out of funds held, provided or obtained as aforesaid nor shall Developer be required to incur any liability or obligation for the account of Owners. Developer shall be reimbursed by Owners on a monthly basis upon submission of appropriate supporting documentation to Owners, for all costs advanced by Developer.
Authority of Developer. The Developer does hereby covenant and warrant that:
Authority of Developer. DEVELOPER has full power and authority to execute and deliver this Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above. This Agreement and all other documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement have been executed and delivered by persons who are duly authorized to execute and deliver the same for and on behalf of DEVELOPER.
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Authority of Developer. Page 10 Section 7.3 Authority of Persons Executing Documents Page 10 Section 7.4 Pending Proceedings ................................ Page 10
Authority of Developer. Underground Magnetics, Inc. is an Iowa corporation duly organized and validly existing under the laws of and registered to do business in the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the City and Landowner, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors’ rights generally.
Authority of Developer. Except as specifically approved in writing by Monroe or MPT, as applicable, or as expressly set forth herein, Developer shall not have authority to bind MPT in any matters regarding the Project.
Authority of Developer. Developer has full power and authority to execute, deliver and perform its obligations under this Agreement and this Agreement is the valid and binding obligation of Developer enforceable in accordance with its terms, subject to laws of general application affecting creditors' rights and to general principles of equity. Except for the Road Project Permits and the Casino Project Permits, and except for any consent or approval of SJTA or the State required pursuant to this 24 Agreement, neither the execution and delivery by Developer of this Agreement nor the consummation by Developer of the transactions contemplated by this Agreement requires the consent of any other Person.
