Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 13.02 Corporate Authorization. Contractor has the authority to enter into and 2 perform its obligations under this Agreement. The Board of Directors of Contractor (or 3 the shareholders, if necessary) have taken all actions required by law, its articles of 4 incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. 5 The Person signing this Agreement on behalf of Contractor has authority to do so. 6 7 13.03 Agreement Will Not Cause Breach. To the best of Contractor's 8 knowledge, after reasonable investigation, neither the execution or delivery of this 9 Agreement nor the performance of this Agreement by Contractor: (i) conflicts with, 10 violates, or results in a breach of any applicable law; or (ii) conflicts with, violates or 11 results in a breach of any term or condition of any judgment, order or decree of any 12 court, administrative agency or other governmental authority, or any agreement or 13 instrument to which Contractor is a party or by which Contractor or any of its 14 properties or assets are bound, or constitutes a default thereunder. 15 16 13.04 No Litigation. To the best of Contractor's knowledge, after reasonable 17 investigation, there is no action, suit, proceeding or investigation, at law or in equity, 18 before or by any court or governmental authority, commission, board, agency or 19 instrumentality decided, pending or threatened against Contractor wherein an 20 unfavorable decision, ruling or finding, in any single case or in the aggregate, would 21 materially adversely affect the performance by Contractor of its obligations hereunder 22 or which, in any way, would adversely affect the validity or enforceability of this 23 Agreement or which would have a material adverse effect on the financial condition of 24 Contractor or any surety guaranteeing Contractor's performance under this Agreement, 25 which has not been waived by the Agency in writing. 26 27 13.05 No Adverse Judicial Decisions. To the best of Contractors knowledge, 28 after reasonable investigation, there is no judicial decision that affects the validity of this 29 Agreement and may subject this Agreement to legal challenge. 30 31 13.06 Ability to Perform. Contractor possesses the business, professional, and 32 technical expertise to manage, handle, treat, store and dispose of the Solid Waste, and 33 possesses the equipment, plant, and employee resources required to perform this 34 Agreement. 35 36 ARTICLE 14 37 MISCELLANEOUS PROVISIONS 38 39 14.01 Entire Agreement. This Agreement, including the Exhibits, represents the 40 full and entire Agreement between the parties with respect to the matters covered 41 herein. 42 Atty j Agrj2005.022 060205 -70-