Common use of Representations Warranties and Liabilities Clause in Contracts

Representations Warranties and Liabilities. 6.1 The Customer represents and warrants to the Distributor as follows, and acknowledges that the Distributor is relying on such representations and warranties without independent inquiry in entering into this Agreement: (a) the Facility is fully and accurately described in the Application; (b) all information in the Application is true and correct; (c) the Facility is in compliance with all applicable technical requirements and laws; (d) the Customer has been given warranty information and operation manuals for the Facility; (e) the Customer has been adequately instructed in the operation and maintenance of the Facility and the Customer has developed and implemented an operation and maintenance plan based on those instructions; (f) if the Customer is a corporation or other form of business entity, the Customer is duly incorporated, formed or registered (as applicable) under the laws of its jurisdiction of incorporation, formation or registration (as applicable); (g) the Customer has all necessary power, authority and capacity to enter into this Agreement and to perform its obligations under this Agreement; (h) this Agreement constitutes a legal and binding obligation on the Customer, enforceable against the Customer in accordance with its terms; (i) the Customer holds all permits, licenses and other authorizations that may be necessary to enable it to own and operate the Facility; and (j) any individual signing this Agreement on behalf of the Customer has been duly authorized by the Customer to sign this Agreement and has the full power and authority to bind the Customer. 6.2 The Distributor represents and warrants to the Customer as follows, and acknowledges that the Customer is relying on such representations and warranties without independent inquiry in entering into this Agreement: (a) The Distributor is duly incorporated under the laws of Ontario; (b) The Distributor has all necessary power, authority and capacity to enter into this Agreement and to perform its obligations under this Agreement; (c) this Agreement constitutes a legal and binding obligation on the Distributor, enforceable against the Distributor in accordance with its terms; and (d) any individual signing this Agreement on behalf of the Distributor has been duly authorized by the Distributor to sign this Agreementand has the full power and authority to bind the Distributor.

Representations Warranties and Liabilities. 6.1 The Customer Generator represents and warrants to the Distributor NOTL Hydro as follows, and acknowledges that the Distributor NOTL Hydro is relying on such representations and warranties without independent inquiry in entering into this Agreement: (a) the Facility is fully and accurately described in the Application; (b) all information in the Application is true and correct; (c) the Facility is in compliance with all applicable technical requirements and laws; (d) the Customer Generator has been given warranty information and operation manuals for the Facility; (e) the Customer Generator has been adequately instructed in the operation and maintenance of the Facility and the Customer Generator has developed and implemented an operation and maintenance plan based on those instructions; (f) if the Customer Generator is a corporation or other form of business entity, the Customer Generator is duly incorporated, formed or registered (as applicable) under the laws of its jurisdiction of incorporation, formation or registration (as applicable); (g) the Customer Generator has all necessary power, authority and capacity to enter into this Agreement and to perform its obligations under this Agreement; (h) this Agreement constitutes a legal and binding obligation on the CustomerGenerator, enforceable against the Customer Generator in accordance with its terms; (i) the Customer Generator holds all permits, licenses and other authorizations that may be necessary to enable it to own and operate the Facility; and (j) any individual signing this Agreement on behalf of the Customer Generator has been duly authorized by the Customer Generator to sign this Agreement and has the full power and authority to bind the CustomerGenerator. 6.2 The Distributor NOTL Hydro represents and warrants to the Customer Generator as follows, and acknowledges that the Customer Generator is relying on such representations and warranties without independent inquiry in entering into this Agreement: (a) The Distributor NOTL Hydro is duly incorporated under the laws of Ontario; (b) The Distributor NOTL Hydro has all necessary power, authority and capacity to enter into this Agreement and to perform its obligations under this Agreement; (c) this Agreement constitutes a legal and binding obligation on the DistributorNOTL Hydro, enforceable against the Distributor NOTL Hydro in accordance with its terms; and (d) any individual signing this Agreement on behalf of the Distributor NOTL Hydro has been duly authorized by the Distributor NOTL Hydro to sign this Agreementand Agreement and has the full power and authority to bind NOTL Hydro. 6.3 The Generator will indemnify and save NOTL Hydro harmless for all damages and/or adverse effects resulting from the Distributornegligence or willful misconduct in the connection and operation of the Generator’s Facility. 6.4 The Generator agrees that NOTL Hydro shall not be liable under any circumstances whatsoever for any loss of profits or revenues, business interruption losses, loss of contract or loss of goodwill, or for any indirect, consequential, incidental or special damages, including but not limited to punitive or exemplary damages, whether any of the said liability, loss or damages arise in contract, tort or otherwise. 6.5 If NOTL Hydro equipment or NOTL Hydro customer equipment is damaged due to the operation of the Generator’s Facility, the Generator will be responsible for all costs related to repairs and replacement of the NOTL Hydro and NOTL Hydro customer equipment.