Participants Obligations Representations and Warranties Sample Clauses

Participants Obligations Representations and Warranties. 6.1. The Participant represents and warrants to the City, and acknowledges that the City is relying on these representations and warranties, that: (a) The Building is located within the geographical boarders of the City of Toronto; (b) The Building is considered Part 3 buildings under the Ontario Building Code (i.e. greater than 600m2 or greater than three storeys); (c) The Participant is duly incorporated or registered and validly existing in good standing under the laws of Canada and the province of Ontario and has the power and authority to carry on its business, to hold property, and undertakes to take all necessary action to maintain itself in good standing and preserve its legal capacity during the Term of this Agreement; (d) The Participant is the owner(s) of the Building; (e) The Building has been occupied for 12 months prior to submission of the Participant's Deep Retrofit Application, unless the Participant receives an exception from the Executive Director; (f) The Participant is in good standing with the City, having met the terms and conditions of any previous or current agreement for funding provided by the City; (g) All factual matters contained in the Deep Retrofit Application and all supporting material including the required data (Schedule J - Building Data) and Reports submitted are true and accurate in all material respects, and that all estimates, forecasts and other related matters involving judgement by the Participant that have been incorporated into this Agreement were prepared in good faith and to the best of its ability, skill, and judgement; (h) The Participant shall proceed diligently and expeditiously to apply for and obtain all applicable federal, provincial and municipal approvals, consents, permits, licenses, and authorizations required for the lawful completion of the Deep Retrofit Project and performance of its obligations under the Agreement; (i) The Participant will only use the Incentive provided by the City for the purposes as outlined under this Agreement; (j) To the best of its knowledge and belief no bribe, gift, benefit, or other inducement has been paid, given, promised, or offered directly or indirectly to an official or employee of the City or Canada or any such other person with a view to influencing the decision of the City to enter into this Agreement or to influence such person in respect of the administration of this Agreement; and (k) The signatory to this Agreement has been duly authorized to execute and ...