Common use of Representations and Warranties of the Operator Clause in Contracts

Representations and Warranties of the Operator. The Operator hereby represents and warrants to the School as follows: (a) The Operator is duly organized, validly existing, and in good standing under the laws of the State of Nevada and has the authority to carry on its business as now being conducted and the authority to execute, deliver, and perform this Agreement. (b) The Operator has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement. This Agreement is a valid and binding obligation of the Operator enforceable against it in accordance with its terms, except as may be limited by federal and state laws affecting the rights of creditors generally, and except as may be limited by legal or equitable remedies. (c) The Operator has made, obtained, and performed all registrations, filings, approvals, authorizations, consents, licenses, or examinations required by any government or governmental authority, domestic or foreign, in order to execute, deliver and perform its obligations under this Agreement. (d) The Operator has the financial ability to perform all of its duties and obligations under this Agreement, including maintaining the appropriate staffing levels at the School. (e) The Operator has not been issued a finding for recovery by the Auditor of the State nor has any employee of the Operator working at the School been issued a finding for recovery.