AND THE TRANSACTIONS UNDER EACH OF THEM DO NOT:
(I)
VIOLATE IN ANY RESPECT A PROVISION OF ITS CONSTITUTION OR
ANY LAW OR OFFICIAL DIRECTIVE WHICH IS BINDING ON IT;
(II)
VIOLATE IN ANY RESPECT A PROVISION OF ANY OTHER DOCUMENT OR
AGREEMENT TO WHICH IT IS A PARTY; OR
(III)
CAUSE A LIMITATION ON ITS POWERS OR THE POWERS OF ITS
DIRECTORS OR OTHER OFFICERS TO BE EXCEEDED;
(F)
ITS OBLIGATIONS UNDER THE PROJECT DOCUMENTS ARE LEGAL, VALID
AND BINDING AND ARE
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ENFORCEABLE AGAINST IT AND IN ACCORDANCE WITH ITS TERMS SUBJECT TO THE
AVAILABILITY OF EQUITABLE REMEDIES AND, TO THE EXTENT APPLICABLE, LAWS RELATING
TO THE ENFORCEMENT OF CREDITOR'S RIGHTS;
(G)
IT HAS CAREFULLY REVIEWED AND UNDERSTANDS ALL OF THE
REQUIREMENTS OF THE PROJECT DOCUMENTS, AND HAS DETERMINED THAT IT IS FULLY ABLE
TO CONDUCT, PERFORM, AND COMPLETE THE REQUIREMENTS OF THE PROJECT DOCUMENTS
WITHIN THE SPECIFIED TIMEFRAME AND THAT IT IS FULLY ABLE TO PERFORM THE WORK IN
ACCORDANCE WITH THE PROJECT DOCUMENTS;
(H)
IT HAS REVIEWED THE REQUIREMENTS FOR THE FORMAT AND DETAIL
OF RECORDS TO BE MAINTAINED AT ALL TIMES PURSUANT TO THIS AGREEMENT AND THAT IT
HAS INSTITUTED OR WILL INSTITUTE THE PREPARATION AND MAINTENANCE OF SUCH
RECORDS;
(I)
IT DOES NOT ENTER INTO ANY OF THE PROJECT DOCUMENTS IN THE
CAPACITY OF TRUSTEE OF A TRUST OR SETTLEMENT AND WILL NOT ACT AT ANY TIME DURING
THE TERM AS TRUSTEE OF A TRUST OR SETTLEMENT;
(J)
IT WILL NOT ENGAGE IN ANY CONDUCT WHICH IS MISLEADING OR
DECEPTIVE OR LIKELY TO MISLEAD OR DECEIVE;
(K)
IT HAS OR WILL OBTAIN ALL REQUIRED APPROVALS, LICENCES,
PROFESSIONAL ABILITY, SKILLS, CAPACITY AND FINANCIAL RESOURCES, AND HAS
AVAILABLE OR WILL OBTAIN THE NECESSARY DEVICE AND OTHER EQUIPMENT, MATERIALS,
TOOLS AND FACILITIES TO PERFORM ITS OBLIGATIONS IN ACCORDANCE WITH THE
REQUIREMENTS CONTAINED IN THE PROJECT DOCUMENTS;
(L)
EACH REPRESENTATION AND WARRANTY MADE BY IT IN ANY PROJECT
DOCUMENT IS TRUE, COMPLETE, ACCURATE AND CORRECT;
(M)
ALL INFORMATION, REPRESENTATIONS AND OTHER MATTERS OF FACT
COMMUNICATED IN WRITING TO THE PRINCIPAL OR ITS AGENTS OR EMPLOYEES IN
CONNECTION WITH THE CONTRACTOR'S RESPONSE TO THE REQUEST FOR TENDER IN RESPECT
OF THE PROJECT OR IN THE COURSE OF SUBSEQUENT NEGOTIATIONS IN RESPECT OF THIS
AGREEMENT WERE AND REMAIN TRUE, COMPLETE, ACCURATE AND CORRECT IN ALL RESPECTS;
(N)
IT HAS NOT WITHHELD FROM THE PRINCIPAL ANY DOCUMENT,
INFORMATION OR OTHER FACT MATERIAL TO THE DECISION OF THE PRINCIPAL TO ENTER
INTO ANY PROJECT DOCUMENT TO WHICH IT IS PARTY;
(O)
ALL PERSONNEL PERFORMING WORK WILL HAVE THE NECESSARY
LICENCES, CERTIFICATIONS, CREDENTIALS AND EXPERTISE AND MUST OTHERWISE BE FULLY
QUALIFIED TO PERFORM THE WORK TO WHICH THEY ARE ASSIGNED;
(P)
NO LITIGATION, ARBITRATION, TAX CLAIM, DISPUTE OR
ADMINISTRATIVE OR OTHER PROCEEDING (WHICH HAS NOT BEEN DISCLOSED TO THE
PRINCIPAL IN WRITING PRIOR TO THE DATE OF THIS AGREEMENT) HAS BEEN COMMENCED OR,
TO ITS KNOWLEDGE, THREATENED AGAINST IT OR ANY RELATED BODY CORPORATE WHICH IS
LIKELY TO HAVE A MATERIAL ADVERSE