Avoidance of doubt Notice – For avoidance of nothing in this deed obligates the Continuing Party to give the notice referred to in clause 4.1 if the Declaration Variation has not occurred. Avoidance of doubt Decision – For avoidance of doubt, nothing in this deed obligates the Clean Energy Regulator to make the Declaration Variation. Warranties Authority and capacity Each of the Outgoing Party and the New Party severally warrant to the Continuing Party as at the date of execution of this deed and as at the time immediately before the Effective Date that: if it is a company or a body corporate, it is a company or body corporate properly incorporated and validly existing under the laws of [Australia]/[the country or jurisdiction of its incorporation]; it has the legal right and full [corporate] power and capacity to: execute and deliver this deed; and perform its obligations under this deed, and has obtained all necessary authorisations and consents and taken all other actions necessary to enable it to do so; it is entering into this deed as principal (and not as agent or in any other capacity); (in the case of the New Party only) it has entered into this deed after a full review of its terms and conditions and the terms and conditions of the Contract, has a full understanding of those terms and conditions and of their risks, and is capable of assuming those risks; this deed constitutes (or will when executed constitute) valid legal and binding obligations of that party in accordance with its terms; the execution, delivery and performance of this deed by that party does not and will not result in a breach of or constitute a default under: any agreement to which it is party; any provision of its constitution, if any; or any law or regulation or any order or judgment of any court or Regulatory Authority to which it is a party or by which it is bound. Reliance The parties acknowledge that in entering into this deed they have each relied on the warranties in clause 5.1.
Avoidance of doubt – Notice For avoidance of nothing in this deed obligates the Continuing Party to give the notice referred to in clause 4.1 if the Declaration Variation has not occurred. Avoidance of doubt – Decision For avoidance of doubt, nothing in this deed obligates the Clean Energy Regulator to make the Declaration Variation. Warranties Authority and capacity Each of the Outgoing Party and the New Party severally warrant to the Continuing Party as at the date of execution of this deed and as at the time immediately before the Effective Date that: if it is a company or a body corporate, it is a company or body corporate properly incorporated and validly existing under the laws of [Australia]/[the country or jurisdiction of its incorporation]; it has the legal right and full [corporate] power and capacity to: execute and deliver this deed; and perform its obligations under this deed, and has obtained all necessary authorisations and consents and taken all other actions necessary to enable it to do so; it is entering into this deed as principal (and not as agent or in any other capacity); (in the case of the New Party only) it has entered into this deed after a full review of its terms and conditions and the terms and conditions of the Contract, has a full understanding of those terms and conditions and of their risks, and is capable of assuming those risks; this deed constitutes (or will when executed constitute) valid legal and binding obligations of that party in accordance with its terms; the execution, delivery and performance of this deed by that party does not and will not result in a breach of or constitute a default under: any agreement to which it is party; any provision of its constitution, if any; or any law or regulation or any order or judgment of any court or Regulatory Authority to which it is a party or by which it is bound. Reliance The parties acknowledge that in entering into this deed they have each relied on the warranties in clause 5.1.
Carbon%20Abatement%20Contract%20Novation%20Deed.docx