(11)AR 061609 MOU/Riverside - Laserfiche WebLink

Browse Search

the effect of bankruptcy, insolvency, reorganization, arrangements, moratorium or other similar laws relating to or affecting the rights of creditors generally, and of general principles of equity. 16.2 Riverside's Representations and Warranties. Riverside represents and warrants that: (a) Riverside has the ability, power and authority to accept, for treatment, the agreed volume of wastewater from the portion of Colton described in Exhibit "A"; and (b) Riverside is a public body, corporate and political and existing in good standing under the laws of California; and (c) Riverside has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement; and (d) The execution, delivery and performance of this Agreement by Riverside (A) have been or shall be duly authorized by Riverside and (B) will not contravene (1) any provision of applicable law, (2) any order of any court or other agency or government, or (3) any agreement or other instrument to which Riverside is a party or by which it is bound, or in breach of or constitute (with or without notice of lapse of time or both) a default under any such agreements or other instruments. (e) This Agreement is, when executed and delivered, a legal, valid and binding obligation of Riverside, enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, arrangements, moratorium or other similar laws relating to or affecting the rights of creditors generally, and of general principles of equity. 16.3 All representations, warranties, covenants and agreements of the Parties contained in this Agreement, or in any instrument or other writing provided for herein, shall survive the execution and delivery of this Agreement. 17. Equitable Relief. It is agreed that the rights granted to the Parties hereunder are of a special and unique kind and character and that, if there is a breach by any Party of any material provision of this Agreement, the other Party would not have an adequate remedy at law. It is expressly agreed, therefore, that the rights of the Parties hereunder may be enforced by equitable relief as is provided under the laws of the State of California. 18, Independent Counsel. Each Party warrants and represents that it has been advised that it should be represented by counsel of its own choosing in the preparation and analysis of this Agreement; that it is fully aware that the other Party's counsel has not acted or purported to act on its behalf; that it has been represented by independent counselor has had the opportunity to be represented by independent counsel; and that it has read this Agreement with care and believes that it is fully aware of and understands the contents thereof and its legal effect.