Res 2005-105 - Laserfiche WebLink

Home Browse Search

The City of San Marcos Facilities Service Contract with, violates or results in a breach of any order, judgment or decree, or any contract, agreement or instrument to which the Company is a party or by which the Company 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 Governmental Body is required for the valid execution and delivery of this Service Contract by the Company 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 Governmental Body pending or, to the best of the Company's knowledge, overtly threatened or publicly announced against the Company, 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 Company, or the validity, legality or enforceability of this Service Contract against the Company or any other agreement or instrument entered into by the Company in connection with the transactions contemplated hereby, or on the ability of the Company to perform its obligations hereunder or under any such other agreement or instrument. (F) Governmental Approvals. The Company has obtained or will obtain in the course of its performance hereunder, either directly or through qualified Subcontractors, the Governmental Approvals which the Company must obtain in its own name or that of its Subcontractors to provide the Contract Services. (G) Applicable Law Compliance. Except as disclosed in writing to the City, to the best of its knowledge, the Company is not in material violation of any law, order, rule or regulation applicable to any wastewater plant or system providing service to the general public designed, constructed, operated, maintained or managed by the Company that would have an impact on the Company's ability to perform its obligations under this Service Contract. (H) Information Supplied bv the Company. The information supplied and representations and warranties made by the Company in all submittals made in response to the RFP and in all post-proposal submittals with respect to the Company (and, to the best of its knowledge, all information supplied in such submittals with respect to any Subcontractor) are true, correct and complete in all material respects. SECTION 2.3. KNOWLEDGE-BASED REPRESENTATIONS. Whenever a representation or warranty hereunder is made to the best of the knowledge of the City or the best of the knowledge of the Company, such representation or warranty hereunder shall be deemed made, as the case may be, to the knowledge of the City Attorney and the City Manager of the City or to the knowledge of the chief legal officers and chief executive officers of the Company. 24