Additional Customer Warranties. In addition to any other representations and warranties under this Agreement, with respect to the Xxxxxx Express Service, Customer represents and warrants to Bank as follows: (a) for each Payment that is credited to Customer’s Settlement Account, Customer has obtained all authorizations from the Payer which are required by applicable law and such authorizations are still valid and have not been revoked by operation of law or otherwise; and (b) none of Customer’s Payers are a national of a designated blocked country or a “Specially Designated National,” “Blocked Entity, “ ”Specially Designated Terrorist,” ”Specially Designated Narcotics Trafficker,“ or “Foreign Terrorist Organization,“ as defined by the United States Treasury Department’s Office of Foreign Assets Control (OFAC), and Customer agrees to always practice reasonable diligence and control to ensure ongoing compliance with this warranty. Except as specifically enumerated herein, as between Bank and Customer, liabilities, fees, termination rights, and all other terms and conditions for the Service shall be governed by the Agreement.
Additional Customer Warranties. Customer represents, warrants, and covenants that it has, and during the Term and any Transition Period will at all times have, the legal right to possess, store, and transmit the Customer Data using the Services.
Additional Customer Warranties. Customer further represents and warrants that (i) it has implemented or contractually required and industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Services, Customer Data or Island systems; (ii) it will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Services; (iii) in the event of any security breach or unauthorized access to any Services, Customer Data or Island systems, Customer will immediately investigate such breach and notify Island, and, unless otherwise informed by Island, take all corrective action necessary to remedy such breach, and perform such remediation (with all consumer notifications to be undertaken by Island), all at Customer’s cost; and (iv) Customer will comply with all applicable laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.
Additional Customer Warranties. Customer additionally represents and warrants to Provider that: (i) to Customer's knowledge after reasonable investigation, and subject to the receipt of any applicable Required Consents, Provider will have the right to use the Company Resources to perform the Services to the same extent as utilized by Customer in the conduct of its business as of the Effective Date, (ii) subject to the receipt of any applicable Required Consents, the Customer Resources which Provider has obtained or will obtain the right to use are all of the resources, including hardware, Software, network functions, services, and facilities (other than personnel and financial resources), which Customer was using as of the Effective Date to provide Customer's existing data processing services, (iii) Customer has provided to Provider true and correct copies of all leases, licenses and service contracts governing, describing, or pertaining to the Customer Resources, and (iv) Customer is not (and to its knowledge, the licensor, lessor or third party provider under any Customer Resource is not) in default in any material respect under any of the licenses, leases, Third Party Service Contracts or other agreements governing or pertaining to Customer Resources.
Additional Customer Warranties. Customer will not use the Solution to make decisions solely by automated means.
Additional Customer Warranties. 4.1. Customer warrants and represents that:
4.1.1. where it is a registered entity (in any form, e.g. LLC), the Customer will have and maintain at least 1 (One) director domiciled in the place of the Customer's incorporation and registered address;
4.1.2. it will deliver the Customer Products/Services to its customers without delay;
4.1.3. the Customer Products/Services that are made available to customers comply with applicable law in any jurisdiction in or to which the Customer is making its goods and services available;
4.1.4. the Customer has all licences and permits required to advertise and provide its goods and services; and
4.1.5. it is not receiving funds in connection with any illegal, fraudulent, deceptive or manipulative act or practice and that the Customer is not sending or receiving funds to or from an illegal source.
Additional Customer Warranties. Customer represents, warrants, and covenants to SQL that Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by SQL and used in accordance with this Agreement, the use of the Customer Data does not and will not violate any Applicable Law, including intellectual property rights of any third party.
Additional Customer Warranties. On and as of each day the Bank provides any Service to the Customer, the Customer represents and warrants to the Bank that (a) the debiting of any Account as provided in this Agreement is not inconsistent with any restriction on the use of that Account; (b) all approvals and authorizations required to permit the execution and delivery of this Agreement and any other necessary documentation, and the performance and consummation by the Customer of the transactions contemplated under each Service, have been obtained, including but not limited to due authorization from each applicable third party to allow the Customer to transfer funds and access information from such party's account; (c) the Customer’s performance of its obligations will not violate any law, regulation, rule, judgment, decree or order applicable to the Customer; and (d) Bank will not suffer any loss or damage by acting on any instruction of Customer.
