Acknowledgements and Warranties. 2.1 This Agreement shall not be subject to any court challenge to its validity for whatever reason. This Agreement is made in good faith and is final and binding on both parties for all purposes.
Acknowledgements and Warranties. 2.1. The HIRER warrants and undertakes that:
2.1.1. Any driver of the vehicle shall be at least 23 years of age;
Acknowledgements and Warranties. 1) You warrant that the information given by you in completing the Online Membership Application is true and correct and will be relied on by us.
2) You warrant that to the best of your knowledge and belief you are in good health, are not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. You acknowledge that it is your responsibility to seek medical advice before engaging in any exercise at Viva Gym should you have any concerns over your physical condition and will advise us immediately should your circumstances change.
3) You shall regularly familiarise yourself with and abide by the Rules of Membership, which are readily available in the Club and relate to opening hours, use of facilities and your conduct, which rules you accept may change from time to time. Please also note that no person under the age of 14 is permitted inside a Viva Gym, unless by prior written permission of the Club Manager.
Acknowledgements and Warranties. 3.01 Provider acknowledges that Recipient may be assessed a distribution fee in connection with the Original Material’s storage, replication and other distribution costs of providing such Original Material and that Addgene shall not charge an additional fee for the Original Material itself.
3.02 Provider acknowledges that Addgene operates as a nonprofit entity and for the convenience of Provider.
3.03 Provider and Addgene agree that any Original Material deposited and/or distributed pursuant to this Agreement is/are understood to be experimental in nature and may have hazardous properties. Provider agrees that it shall not deposit any Original Material with Addgene requiring BL3 or BL4 safety regulations, and acknowledges that Addgene is relying on Provider’s representation to this effect.
3.04 Provider represents and warrants that the Original Material is not subject to any rights that would affect Addgene’s performance under this Agreement.
3.05 EXCEPT AS EXPRESLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS NOR EXTENDS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. IN NO EVENT SHALL ADDGENE, ITS AGENTS, AND ITS SUCCESSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGES OR LOST PROFITS, REGARDLESS OF WHETHER THE PARTY WAS ADVISED, HAD REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY OF THE FOREGOING.
Acknowledgements and Warranties. 1.1. The LESSEE warrants and undertakes that any driver of the vehicle shall:
1.1.1. be at least 23 years of age;
1.1.2. be duly licensed to drive the vehicle in the Republic of South Africa;
1.1.3. have a Professional Driver’s Permit which shall be valid for at least three months after the anticipated return date of the vehicle and shall have such license and permit with him/her at all times whilst driving said vehicle.
1.2. The checklist annexed hereto forms part of this agreement.
1.3. A vehicle crossing international borders requires a cross-border permit obtainable from the Cross Border Road Transport Agency.
1.4. The LESSEE and the driver are familiar with the requirements and stipulations of the Road Traffic Act, Act 93 of 1996.
1.5. The LESSEE and the driver are familiar with the Road Traffic Regulations regulating the transportation of Dangerous Goods.
1.6. In the event of the LESSEE being in breach of clause 1.1, the LESSEE assumes full liability for any accidental damage/theft, which may occur, and there is no insurance waiver in respect of any collision damage or loss in these circumstances.
1.7. The LESSEE agrees and undertakes that it will not offer employment, solicit and/or employ whether directly and/or indirectly any of the LESSOR’s staff.
1.8. If the person signing this agreement is not the LESSEE, then the signatory, hereby personally warrants that he/she is duly authorised to do so by and for and on behalf of the LESSEE.
Acknowledgements and Warranties. 12.1 You warrant on an ongoing basis that:
12.1.1 All information provided by or for you to us is, or will be when given, accurate, true and correct and that you will notify us in writing upon becoming aware that such information is no longer accurate, true and correct;
12.1.2 You (or a person acting on your behalf) has legal capacity and authority to entering into binding legal arrangements with us.
Acknowledgements and Warranties. 2.1 Except as otherwise stipulated in this Contract, both Party A and Party B acknowledge and warrant that:
(1) Both parties have the necessary power, capacity, authorization and ability for the execution and performance of this Contract; they are fully aware of and fully understand their respective rights, obligations and liabilities hereunder and they are willing to exercise or perform the foregoing rights, obligations and liabilities in strict compliance with the provisions of this Contract, and either Party is entitled to claim damages against the other Party if the other Party breaches this Contract.
(2) Both parties’ internal approval and authorization formalities required for execution hereof have been completed.
(3) there are no contracts signed with a third party or any other binding documents or any other matters, whatsoever, that will preclude the execution and performance of this Contract.
Acknowledgements and Warranties. 4.3.1 Licensee’s Affirmation. LICENSEE AFFIRMS THAT IT HAS READ THE FOREGOING AND ACKNOWLEDGES THAT:
1. CIRCLE DOES NOT AND CANNOT GUARANTEE THAT THE CIRCLE SERVICES WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE CIRCLE SERVICES MAY NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE.
2. IF LICENSEE’S MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR THE CIRCLE SERVICES IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), LICENSEE MAY NOT BE ABLE TO USE SOME OR ALL OF THE CIRCLE SERVICES.
3. LICENSEE IS EXCLUSIVELY RESPONSIBLE FOR ITS USE OF THE CIRCLE SERVICES. ABUSE OF THE CIRCLE SERVICES MAY SUBJECT LICENSEE TO CIVIL AND CRIMINAL FINES AND PENALTIES.
Acknowledgements and Warranties. 7.1 The Shareholders jointly and severally warrant to PPI that:
(a) the PUC are duly authorized, fully paid, non-assessable and free of pre-emptive rights and held on record and beneficially by the Shareholders as registered with the Government Authorities;
(b) the total PUC on record as of the date of this Agreement is 100 million RMB for Coal Group and 50 million RMB for Heat Power;
(c) the total PUC shall not be increase at anytime during the duration of the Agreed Period and any extension thereof;
(d) the proceeds raised by PPI shall vest in PPI the full beneficial ownership, free of encumbrances of any kind;
(e) except as provided under this Agreement, there are no outstanding options, warrants, rights or agreements of any kind: (i) for the issuance or sale of the PUC;
Acknowledgements and Warranties. Brockstedt warrants that he is fully competent to enter into this Agreement and that he does so knowingly and voluntarily. Brockstedt acknowledges that he has carefully read and understands this Agreement, that this Agreement is legally binding, and that he has voluntarily chosen to enter into this Agreement and has not been forced or pressured in any way to sign it. Brockstedt further acknowledges that he has the right to discuss this Agreement with independent counsel of his choice, and that he is encouraged to do so. Brockstedt further acknowledges that he has had a full and fair opportunity to consult with an attorney prior to executing this Agreement, that he has in fact done so, that he has read and understands this Agreement, and that the Agreement is not a product of fraud, duress, or undue influence.
