Common use of Utility Representations Clause in Contracts

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: : (i) It is a legally and regularly created, established, organized organized, and existing home- 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 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 reorganization, insolvency, moratorium 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 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 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: : (i) It is a legally and regularly created, established, organized organized, and existing home- rule homerule 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 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 reorganization, insolvency, moratorium 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 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 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.