28.1
28.2
28.3

28.1

The Participant represents, warrants and undertakes to the Commonwealth that:
  1. it will promptly notify and fully disclose to the Commonwealth in writing any event or occurrence actual or threatened arising during the Agreement Period which could have an adverse effect on the Participant's ability to perform any of its obligations under this Agreement

  2. it has full power and authority to enter into, perform and observe its obligations under this Agreement

  3. the execution, delivery and performance of this Agreement has been duly and validly authorised by the Participant

  4. it will promptly notify and fully disclose to the Commonwealth in writing if:

    1. it becomes insolvent or is wound up

    2. it makes an assignment of its estate for the benefit of creditors or enters into any arrangement or composition with its creditors or has a receiver, manager or administrator appointed on behalf of creditors

    3. it goes into liquidation or passes a resolution to go into liquidation, or becomes subject to any petition or proceedings in a court for its compulsory winding up or becomes subject to the supervision of a court or regulatory authority, either voluntarily or otherwise

    4. it suffers any execution against its assets

    5. anything analogous to, or of a similar effect to anything described above under the Law occurs in respect of the Participant

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  5. the unconditional execution and delivery of, and compliance with its obligations by it under this Agreement do not:

    1. contravene any Law to which it or any of its property is subject or any order or directive from a Government Agency binding on it or any of its property

    2. contravene its constituent documents

    3. contravene any agreement or instrument to which it is a party

    4. contravene any obligation of it to any other person or

    5. require it to make any payment or delivery in respect of any financial indebtedness before the scheduled date for that payment or delivery

  6. no litigation, arbitration, mediation, conciliation or proceedings including any investigations, are taking place, pending, or are threatened against the Participant which could have an adverse effect upon either the Participant's capacity to perform its obligations under this Agreement or the Participant's reputation

  7. unless otherwise disclosed in this Agreement, it is not entering into this Agreement as trustee of any trust or settlement

  8. it has not made any false declaration in respect of any current or past dealings with the Commonwealth or any Government Agency, including in any tender or application process or in any agreement

  9. it has had no significant deficiency in the performance of any substantive requirement or obligation under any prior agreement with the Commonwealth or any Government Agency

  10. it has, and will continue to have and to use, the skills, qualifications and experience, to perform the Project in an efficient and controlled manner with a high degree of quality and responsiveness and to a standard that complies with this Agreement

  11. it has and will continue to have the necessary resources, including financial resources, to perform the Project and will use those resources to perform the Project.

28.2

The Participant acknowledges that the Commonwealth in entering into this Agreement is relying on the warranties and representations contained in this Agreement.

28.3

Each representation and warranty survives the execution of this Agreement.
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