Common use of Representations and Warranties of the Service Provider Clause in Contracts

Representations and Warranties of the Service Provider. The Service Provider hereby represents and warrants to the IESO that: 4.1.1 the execution, delivery and performance of this Agreement by it has been duly authorized by all necessary corporate and/or governmental action and does not and will not result in a breach of or constitute a default under or require the consent of any Person pursuant to any other agreement to which it is a party or by which it or its properties may be bound or affected and that this Agreement constitutes a legal and binding obligation on the Service Provider, enforceable against the Service Provider in accordance with its terms; 4.1.2 it holds or will, prior to commencing to act as a demand response market participant, hold all permits, licenses and other authorizations that may be necessary to enable it to carry on the business and perform the functions and obligations of a demand response market participant as described in the market rules and in this Agreement; 4.1.3 the information provided in and in support of its Proposal is true, accurate and complete in all respects; 4.1.4 the Service Provider is not a party to or, to its knowledge, threatened with any litigation or claim that, if successful, would materially adversely affect the financial condition of the Service Provider or its ability to fulfil its obligations under this Agreement; and 4.1.5 the Service Provider is not a Restricted Person.