Res 2005-127 - Laserfiche WebLink

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City of San Marcos/Guadalupe-Blanco River Authority Water Treatment Svstem Service Contract Article II - Representations and Warranties rule or regulation applicable to any plant or system providing water servIce to the general public designed, constructed, operated, maintained or managed by the City. (G) Information Supplied bv the City. The information supplied and representations and warranties made by the City in all submittals and addenda made in relation to the RFP and in all post-proposal responses with respect to the City are true, correct and complete in all material respects. SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY. The Authority represents and warrants that: (A) Existence and Powers. The Authority is a conservation and reclamation district and political subdivision of the State of Texas duly organized, validly existing and in good standing under the laws of the State, with the full legal right, power and authority to enter into and perform its obligations under this Service Contract. (B) Due Authorization and Binding Obligation. This Service Contract has been duly authorized, executed and delivered by all necessary corporate action of the Authority and constitutes a legal, valid and binding obligation of the Authority, enforceable against the Authority in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights from time to time in effect and by equitable principles of general application. (C) No Conflict. To the best of its knowledge, neither the execution and delivery by the Authority of this Service Contract nor the performance by the Authority of its obligations in connection with the transactions contemplated hereby or the fulfillment by the Authority of the terms or conditions hereof: (1) conflicts with, violates or results in a breach of any constitution, law or govemmental regulation applicable to the Authority; or (2) conflicts with, violates or results in a breach of any order, judgment or decree, or any contract, agreement or instrument to which the Authority is a party or by which the Authority or any of its properties or assets are bound, or constitutes a default under any of the foregoing. (D) No Approvals Required. No approval, authorization, order or consent of, or declaration, registration or filing with, any Govemmental Body is required for the valid execution and delivery of this Service Contract by the Authority or the performance of its payment or other obligations hereunder except such as have been duly obtained or made. (E) No Litigation. Except as disclosed in writing to the City, to the best of its knowledge, there is no Legal Proceeding before or by any Govemmental Body pending or, to the best of the Authority's knowledge, overtly threatened or publicly announced against the Authority, in which an unfavorable decision, ruling or finding could reasonably be expected to have a material and adverse effect on the execution and delivery of this Service Contract by the Authority, or the validity, legality or enforceability of this Service Contract against the Authority or any other agreement or instrument entered into by the Authority in connection with the 22