Common use of Grantee Representations and Warranties Clause in Contracts

Grantee Representations and Warranties. In addition to the other provisions of this Grant Agreement, the Grantee hereby warrants and represents: a) ▇▇▇▇▇▇▇’s statements and representations in its grant application are true and correct and Grantee has read and understands the requirements set forth in this Grant Agreement and the grant announcement. b) All information disclosed by Grantee to the Department in the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would have a material adverse effect on Grantee’s ability to perform its obligations under this Grant Agreement or to otherwise engage in its business. d) ▇▇▇▇▇▇▇ and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. e) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local government) transaction; ii) violation of federal or state antitrust statutes; iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; iv) making a false statement; or v) receiving stolen property. f) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, are not presently indicted, criminally charged, civilly charged, or under investigation for, any of the offenses identified in paragraph (i) above. g) Grantee has not had a public transaction terminated for cause or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that any of the above is false or misleading in any material respect Grantee shall return to the Department the entire amount of the Grant Award as set forth in Article 21. If Grantee becomes non-compliant with any of the above from activity occurring during the Performance Period, Grantee shall immediately notify the Department and the Department may exercise all remedies available to it, including but not limited to termination of this Grant Agreement and recoupment of the Grant Award. The Department’s rights to recoupment as set forth herein shall survive the termination of this Grant Agreement.

Grantee Representations and Warranties. In addition to connection with the other provisions execution and delivery of this Grant Agreement, the Grantee hereby warrants makes the following representations and representswarranties to Grantor: (a) ▇▇▇▇▇▇▇That it has no public or private interest, direct or indirect, and will not acquire, directly or indirectly any such interest which does or may conflict in any manner with the performance of the Grantee’s statements services and representations in its grant application are true and correct and Grantee obligations under this Agreement; (b) That no member of any governing body or any officer, agent or employee of the State, has read and understands the requirements set forth a personal financial or economic interest directly in this Grant Agreement and the grant announcement.Agreement, or any compensation to be paid hereunder except as may be permitted by applicable statute, regulation or ordinance; b(c) All information disclosed by Grantee That there is no action, suit or proceeding at law or in equity pending, nor to the Department in best of Grantee’s knowledge, threatened, against or affecting the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain Grantee, before any untrue statement of a material fact court or omit to state a material fact necessary in order to make the statements contained thereinbefore any governmental or administrative agency, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would will have a material adverse effect on the performance required by this Agreement; (d) That to the best of the Grantee’s ability to perform knowledge and belief, the Grantee, its obligations under this Grant Agreement or to otherwise engage in its business.principals and key project personnel: d(i) ▇▇▇▇▇▇▇ and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently debarred, suspended, proposed for debarment, declared ineligible, ineligible or voluntarily excluded from covered transactions by contracting with any federal or State department or agency.; e(ii) Grantee and each of ▇▇▇▇▇▇▇’s officers and directorsHave not, and each of its employees who will perform work funded with the Grant Awardwithin a three (3)-year period preceding this Agreement, during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission any felony; been convicted of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local governmentlocal) transaction or contract under a public transaction; ii) had a civil judgment rendered against them for commission of fraud; been found in violation of federal or state antitrust statutes; iii) commission or been convicted of embezzlement, theft, larceny, forgery, bribery, falsification or destruction of records; iv) , making a false statement; , or v) receiving stolen property.; f(iii) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently indictedindicted for, or otherwise criminally charged, or civilly charged, by a government entity (federal, state or under investigation for, local) with commission of any of the offenses identified enumerated in paragraph subparagraph (iii) above.of this certification; and g(iv) Have not had, within a three (3)-year period preceding this Agreement, any judgment rendered in an administrative, civil or criminal matter against the Grantee, or any entity associated with its principals or key personnel, related to a grant issued by any federal or state agency or a local government. Any request for an exception to the provisions of this subparagraph (d) must be made in writing, listing the name of the individual, home address, type of conviction and date of conviction; and (e) Grantee has certifies that it is not had a public transaction terminated for cause currently operating under, or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties subject to, any cease and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that desist order, or subject to any of the above is false informal or misleading in any material respect Grantee shall return formal regulatory action, and, to the Department best of Grantee’s knowledge, that it is not currently the entire amount subject of any investigation by any state or federal regulatory, law enforcement or legal authority. Should it become the Grant Award as set forth in Article 21. If Grantee becomes non-compliant with subject of an investigation by any of the above from activity occurring during the Performance Periodstate or federal regulatory, law enforcement or legal authority, Grantee shall immediately promptly notify the Department Grantor of any such investigation. Grantee acknowledges that should it later be subject to a cease and the Department may exercise all remedies available desist order, Memorandum of Understanding, or found in violation pursuant to itany regulatory action or any court action or proceeding before any administrative agency, including but not limited that Grantor is authorized to termination declare Grantee out of compliance with this Grant Agreement and recoupment of suspend or terminate the Grant Award. The Department’s rights Agreement pursuant to recoupment as set forth ARTICLE XIII herein shall survive the termination of this Grant Agreementand any applicable rules.

Grantee Representations and Warranties. In addition to connection with the other provisions execution and delivery of this Grant Agreement, the Grantee hereby warrants makes the following representations and representswarranties to Grantor: (a) ▇▇▇▇▇▇▇That it has no public or private interest, direct or indirect, and shall not acquire, directly or indirectly any such interest which does or may conflict in any manner with the performance of the Grantee’s statements services and representations in its grant application are true and correct and obligations under this Agreement; (b) That no member of any governing bodyor any officer, agent or employee of the State, is employed by the Grantee or has read and understands the requirements set forth a financial or economic interest directly in this Grant Agreement and the grant announcement.Agreement, or any compensation to be paid hereunder except as may be permitted by applicable statute, regulation or ordinance; b(c) All information disclosed by Grantee That there is no action, suit or proceeding at law or in equity pending, nor to the Department in best of Grantee’s knowledge, threatened, against or affecting the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain Grantee, before any untrue statement of a material fact court or omit to state a material fact necessary in order to make the statements contained thereinbefore any governmental or administrative agency, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would will have a material adverse effect on the performance required by this Agreement; (d) That to the best of the Grantee’s ability to perform knowledge and belief, the Grantee, its obligations under this Grant Agreement or to otherwise engage in its business.principals andkey project personnel: d(i) ▇▇▇▇▇▇▇ and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently debarred, suspended, proposed for debarment, declared ineligible, ineligible or voluntarily excluded from covered transactions by contracting with any federal or State department or agency.; e(ii) Grantee and each Have not, within a three (3)-year period preceding this Agreement, been convictedof any felony; beenconvicted of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local governmentlocal) transaction or contract under a public transaction; ii) violation had a civil judgment renderedagainst them for commission of fraud; beenfound in violationof federal or state antitrust statutes; iii) commission or been convicted of embezzlement, theft, larceny, forgery, bribery, falsification or destruction of destructionof records; iv) , making a false statement; , or vreceiving stolenproperty; (iii) receiving stolen property. f) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently indictedindicted for, or otherwise criminally charged, or civilly charged, by a government entity (federal, state or under investigation for, any of local) with commissionof anyof the offenses identified in paragraph (i) above. g) Grantee has not had a public transaction terminated for cause or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that any of the above is false or misleading in any material respect Grantee shall return to the Department the entire amount of the Grant Award as set forth in Article 21. If Grantee becomes nonenumeratedin sub-compliant with any of the above from activity occurring during the Performance Period, Grantee shall immediately notify the Department and the Department may exercise all remedies available to it, including but not limited to termination of this Grant Agreement and recoupment of the Grant Award. The Department’s rights to recoupment as set forth herein shall survive the termination of this Grant Agreement.paragraph

Grantee Representations and Warranties. In addition to the other provisions of this Grant Agreement, the Grantee hereby warrants and represents: a) ▇▇▇▇▇▇▇’s statements and representations in its grant application (Attachment G) are true and correct and Grantee has read and understands the requirements set forth in this Grant Agreement and the grant announcement. b) All information disclosed by Grantee to the Department in the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would have a material adverse effect on Grantee’s ability to perform its obligations under this Grant Agreement or to otherwise engage in its business. d) ▇▇▇▇▇▇▇ Grantee has all necessary permits, licenses, certificates or other approval, governmental or otherwise, necessary to operate its business and own and operate its assets, all of which are in full force and effect and not subject to proceedings to revoke, suspend, forfeit or modify. e) Grantee and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. ef) Grantee and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are not listed on the Wisconsin Department of Transportation Listing of Debarred, Suspended and Ineligible Contractors List. g) Grantee is not listed on the Wisconsin Department of Revenue Delinquent Taxpayer List. h) Grantee is not listed on the Department’s Ineligible Vendors Directory. i) Grantee and each of Grantee’s officers and directors, and each of its employees who will perform work funded with the Grant Award, during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local government) transaction; ii) violation of federal or state antitrust statutes; iii) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; iv) making a false statement; or v) receiving stolen property. fj) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, are not presently indicted, criminally charged, civilly charged, or under investigation for, any of the offenses identified in paragraph (i) above. gk) Grantee has not had a public transaction terminated for cause or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that any of the above is false or misleading in any material respect the Department may require Grantee shall to return to the Department the entire amount of the Grant Award as set forth in Article 21. If Grantee becomes non-compliant with any of the above from activity occurring during the Performance Period, Grantee shall immediately notify the Department and the Department may exercise all remedies available to it, including but not limited to termination of this Grant Agreement and recoupment of the Grant Award. The Department’s rights to recoupment as set forth herein shall survive the termination of this Grant Agreement.

Grantee Representations and Warranties. In addition to connection with the other provisions execution and delivery of this Grant Agreement, the Grantee hereby warrants makes the following representations and representswarranties to Grantor: (a) ▇▇▇▇▇▇▇That it has no public or private interest, direct or indirect, and shall not acquire, directly or indirectly any such interest which does or may conflict in any manner with the performance of the Grantee’s statements services and representations in its grant application are true and correct and obligations under this Agreement; (b) That no member of any governing body or any officer, agent or employee of the State, is employed by the Grantee or has read and understands the requirements set forth a financial or economic interest directly in this Grant Agreement and the grant announcement.Agreement, or any compensation to be paid hereunder except as may be permitted by applicable statute, regulation or ordinance; b(c) All information disclosed by Grantee That there is no action, suit or proceeding at law or in equity pending, nor to the Department in best of Grantee’s knowledge, threatened, against or affecting the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain Grantee, before any untrue statement of a material fact court or omit to state a material fact necessary in order to make the statements contained thereinbefore any governmental or administrative agency, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would will have a material adverse effect on the performance required by this Agreement; (d) That to the best of the Grantee’s ability to perform knowledge and belief, the Grantee, its obligations under this Grant Agreement or to otherwise engage in its business.principals and key project personnel: d(i) ▇▇▇▇▇▇▇ and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently debarred, suspended, proposed for debarment, declared ineligible, ineligible or voluntarily excluded from covered transactions by contracting with any federal Federal or State department or agency.; e(ii) Grantee and each of ▇▇▇▇▇▇▇’s officers and directorsHave not, and each of its employees who will perform work funded with the Grant Awardwithin a three (3)-year period preceding this Agreement, during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission any felony; been convicted of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federalFederal, stateState, or local governmentlocal) transaction or contract under a public transaction; ii) had a civil judgment rendered against them for commission of fraud; been found in violation of federal Federal or state State antitrust statutes; iii) commission or been convicted of embezzlement, theft, larceny, forgery, bribery, falsification or destruction of records; iv) , making a false statement; , or v) receiving stolen property.; f(iii) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently indictedindicted for, or otherwise criminally charged, or civilly charged, by a government entity (Federal, State or under investigation for, local) with commission of any of the offenses identified enumerated in sub-paragraph (iii) above.of this certification; and g(iv) Have not had, within a three (3)-year period preceding this Agreement, any judgment rendered in an administrative, civil or criminal matter against the Grantee, or any entity associated with its principals or key personnel, related to a grant issued by any Federal or State agency or a local government. Any request for an exception to the provisions of this paragraph 32.1(d) must be made in writing, listing the name of the individual, home address, type of conviction and date of conviction; and (e) Grantee has certifies that it is not had a public transaction terminated for cause currently operating under, or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties subject to, any cease and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that desist order, or subject to any of the above is false informal or misleading in any material respect Grantee shall return formal regulatory action, and, to the Department best of Grantee’s knowledge, that it is not currently the entire amount subject of any investigation by any state or federal regulatory, law enforcement or legal authority. Should it become the Grant Award as set forth in Article 21. If Grantee becomes non-compliant with subject of an investigation by any of the above from activity occurring during the Performance Periodstate or federal regulatory, law enforcement or legal authority, Grantee shall immediately promptly notify the Department Grantor of any such investigation. Grantee acknowledges that should it later be subject to a cease and the Department may exercise all remedies available desist order, Memorandum of Understanding, or found in violation pursuant to itany regulatory action or any court action or proceeding before any administrative agency, including but not limited that Grantor is authorized to termination declare Grantee out of compliance with this Grant Agreement and recoupment of suspend or terminate the Grant Award. The Department’s rights Agreement pursuant to recoupment as set forth Article XVI herein shall survive the termination of this Grant Agreementand any applicable rules.

Grantee Representations and Warranties. In addition to connection with the other provisions execution and delivery of this Grant Agreement, the Grantee hereby warrants makes the following representations and representswarranties to the Department: a(1) ▇▇▇▇▇▇▇’s statements That it has all requisite authority to carry on its business and representations to execute, deliver and consummate the transactions contemplated by this Agreement; (2) That its employees, agents and officials are competent to perform as required under this Agreement; (3) That it is the real party in interest to this Agreement and is not acting for or on behalf of an undisclosed party; (4) That it has taken all necessary action under its grant application are true governing documents to authorize the execution and correct performance of this Agreement under the terms and conditions stated herein; (5) That it has no public or private interest, direct or indirect, and shall not acquire, directly or indirectly any such interest which does or may conflict in any manner with the performance of the Grantee's services and obligations under this Agreement; (6) That no member of any governing body or any officer, agent or employee of the State, is employed by the Grantee or has read and understands the requirements set forth a financial or economic interest directly in this Grant Agreement and the grant announcement.Agreement, or any compensation to be paid hereunder except as may be permitted applicable statute, regulation or ordinance; b(7) All information disclosed by Grantee That there is no action, suit or proceeding at law or in equity pending, nor to the Department in best of Grantee's knowledge, threatened, against or affecting the course of its evaluation of ▇▇▇▇▇▇▇’s eligibility for funds is complete and accurate and does not contain Grantee, before any untrue statement of a material fact court or omit to state a material fact necessary in order to make the statements contained thereinbefore any governmental or administrative agency, taken as a whole and in light of the circumstances under which they were made, not misleading. c) Grantee is in compliance with all laws, regulations, ordinances and orders of public authorities applicable to it, the violation of which would will have a material adverse effect on the performance required by this Agreement; (8) That to the best of the Grantee’s ability to perform 's knowledge and belief, the Grantee, its obligations under this Grant Agreement or to otherwise engage in its business.principals and key project personnel: d(a) ▇▇▇▇▇▇▇ and each of ▇▇▇▇▇▇▇’s officers, directors, and each of its employees who will perform work funded with the Grant Award, are Are not presently debarred, suspended, proposed for debarment, declared ineligible, ineligible or voluntarily excluded from covered transactions by contracting with any federal Federal or State department or agency.; e(b) Grantee and each of ▇▇▇▇▇▇▇’s officers and directors, and each of its employees who will perform work funded with the Grant Award, during the four years Have not within a three-year period preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement have not been convicted of or had a civil judgment rendered against them for: i) commission any felony; been convicted of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federalFederal, stateState, or local governmentlocal) transaction or contract under a public transaction; ii) had a civil judgment rendered against them for commission of fraud; been found in violation of federal Federal or state State antitrust statutes; iii) commission or been convicted of embezzlement, theft, larceny, forgery, bribery, falsification or destruction of records; iv) , making a false statement; , or v) receiving stolen property; and (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in sub- paragraph (b) of this certification. Any request for an exception to the provisions of this paragraph must be made in writing, listing the name of the individual, home address, type of conviction and date of conviction. f(9) That this Agreement has been duly executed and delivered on behalf of the Grantee and constitutes a legal, valid and binding obligation of the Grantee, enforceable in accordance with its terms, except to the extent that enforcement of any such terms may be limited by (a) Applicable bankruptcy, reorganization, debt arrangement, insolvency or other similar laws generally affecting creditors' rights; or (b) Judicial public policy limitations upon the enforcement of certain remedies including those which a court of equity may in its discretion decline to enforce; and performance required under this Agreement; and (10) Grantee certifies that it is not currently operating under or subject to any cease and each desist order, or subject to any informal or formal regulatory action, and, to the best of Grantee’s knowledge, that it is not currently the subject of any investigation by any state or federal regulatory, law enforcement or legal authority. Should it become the subject of an investigation by any state or federal regulatory, law enforcement or legal authority, Grantee shall promptly notify the Department of any such investigation. ▇▇▇▇▇▇▇’s officers ▇ acknowledges that should it later be subject to a cease and directorsdesist order, and each Memorandum of its employees who will perform work funded with the Grant Award, are not presently indicted, criminally charged, civilly chargedUnderstanding, or under investigation forfound in violation pursuant to any regulatory action or any court action or proceeding before any administrative agency, any of that the offenses identified Department is authorized to declare Grantee in paragraph (i) above. g) Grantee has not had a public transaction terminated for cause or default during the four years preceding ▇▇▇▇▇▇▇’s execution of this Grant Agreement. The above warranties and representations are true and accurate as of the date this Grant Agreement is executed by the parties and shall survive the termination thereof. In the event the Department discovers that any of the above is false or misleading in any material respect Grantee shall return to the Department the entire amount of the Grant Award as set forth in Article 21. If Grantee becomes non-compliant with any of the above from activity occurring during the Performance Period, Grantee shall immediately notify the Department and the Department may exercise all remedies available to it, including but not limited to termination of this Grant Agreement and recoupment of suspend or terminate the Grant Award. The Department’s rights Agreement pursuant to recoupment as set forth herein shall survive the termination of this Grant AgreementSection 5.5.