Affiliates of Customer. In the event Customer requests Bank to provide Services to a parent of Customer, subsidiary, affiliate, or other commonly owned entities, Customer agrees it will be jointly and severally liable for such Customer’s obligations under this Agreement. Customer hereby represents and warrants to Bank that any and all transfers and commingling of funds required or permitted by any Service or requested by Customer, and all other aspects of the performance hereby by Bank and Customer, have been duly authorized by all necessary parties, including, but not limited to, the holder of each Account, and that Customer has obtained and will maintain in its regular business records and make available to Bank upon reasonable demand, for a period of ten years after termination of the Service, adequate documentary evidence of such authorization from the holder of each Account, executed by the an individual or individuals duly authorized in accordance with the Account Agreement, and further represents and warrants that each transfer or commingling of funds authorized hereunder is not in violation of any agreement, bylaw or board resolution of Customer or any of its affiliates or subsidiaries, nor is it in violation of any applicable federal, state, local law, regulation, of any decree, judgment, order of any judicial or administrative authority. Each representation and warranty contained in this Agreement will be continuing and will be deemed to be repeated upon Bank’s performing each transfer and commingling of funds authorized hereunder.
Appears in 6 contracts
Samples: Management Services Agreement, Management Services Agreement, Management Services Agreement
