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Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera
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Res 2019-022/approving a contribution in aid of construction agreement with Urban Mining Company and Urban Mining Development, LLC to provide for the City’s financial participation in the cost of extending electric service to Urban Mining Company’s opera
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3/26/2019 10:54:47 AM
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2/5/2019 10:53:46 AM
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Resolutions
City Clerk - Type
Agreement
Number
2019-22
Date
1/29/2019
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Agreement, the City may terminate this Agreement and pursue any remedies available at law or in <br />equity for UMC's default under this section. <br />ARTICLE VI <br />REPRESENTATIONS AND WARRANTIES OF DEVELOPERS <br />As of the Effective Date, Developers represent and warrant to the City, as follows: <br />Section 6.01. Organization. Developers are duly organized, validly existing and in good <br />standing under the laws of the State of Delaware and authorized to conduct business in the State <br />of Texas. The activities that Developers and their Affiliates, successors or assigns propose to <br />conduct on the Land may lawfully be conducted. <br />Section 6.02. Authority. The execution, delivery and performance by Developers of this <br />Agreement are within Developers' powers and have been duly authorized. <br />Section 6.03. Valid and Binding Obligation. This Agreement is the legal, valid and <br />binding obligation of Developers, enforceable against Developers in accordance with its terms <br />except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, <br />rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of <br />creditors generally, as in effect from time to time. <br />Section 6.04. No Defaults. To the actual knowledge of the individual signing this <br />Agreement, the persons authorizing this Agreement, and the representatives that negotiated this <br />Agreement, Developers not in default in the performance, observance or fulfillment of any of the <br />obligations, covenants or conditions contained in any agreement or instrument to which <br />Developers are parties or by which Developers or any of their property is bound that would have <br />any material adverse effect on Developers' ability to perform under this Agreement. <br />
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