Representations and Warranties of Operator. Operator represents and warrants to Owner that on and as of the date hereof: (a) it is duly organized and validly existing and in good standing under the Laws of the State of Delaware, with power and authority to carry on the business in which it is engaged to perform its obligations under this Agreement; (b) it has all the requisite limited liability company power and authority to enter into this Agreement and perform the Services; (c) its execution, delivery and performance of this Agreement will not violate (i) any of the provisions of its organizational documents, (ii) any agreements pursuant to which it or its property is bound, or (iii) any Laws to which it is subject; and (d) this Agreement is valid, binding and enforceable against it in accordance with its terms subject to bankruptcy, moratorium, insolvency and other Laws generally affecting creditors’ rights and general principles of equity (whether applied in a proceeding in a court of law or equity).
Appears in 2 contracts
Sources: Operations and Reimbursement Agreement (Heckmann CORP), Operations and Reimbursement Agreement (Heckmann CORP)