AND WARRANTY OF AUTHORITY Sample Clauses

AND WARRANTY OF AUTHORITY. (PLEASE TAKE NOTE) 23.1 With the exception of the Supplier, each Signatory by his signature hereto, binds himself in favour of the Supplier, its successors-in-title and assign as surety for and co-principal debtor with the Customer for the due and punctual performance by the Customer of all its obligations to the Supplier in terms of this Agreement. 23.2 The suretyship in clause 23.1 shall remain of full force and effect notwithstanding – 23.2.1 any amendment/s to this Agreement and/or any agreement for the time being subsisting between the parties; 23.2.2 any indulgence, concession, leniency or extension of time which may be shown or given by the Supplier to the Customer; 23.2.3 the winding-up, dissolution, business rescue (including but not limited to the adoption of a business rescue plan) or re-organisation of the Customer, or a compromise with the Customer’s creditors or any change in the status, function, control or ownership of the Customer. 23.3 Each Signatory hereby renounces the following benefits: 23.3.1 benefit of excussion, meaning that the Supplier may proceed directly against a Signatory before first attempting to recover payment from, or compliance by, the Customer; 23.3.2 benefit of division, meaning that if there are two or more Signatories, the Supplier is entitled to proceed against any Signatory for the full amount of the Customer’s indebtedness or liability; 23.3.3 benefit of cession of actions, meaning that a Signatory is not entitled to withhold payment or performance of the Customer’s obligations until the Supplier has ceded to that Signatory any of its rights against the Customer and/or any co-surety. 23.4 Each Signatory warrants, as a material warranty which the Supplier relies on in entering into this Agreement that he is duly authorised to represent and bind the Customer to this Agreement, and that he has read and understood each term and condition of this Agreement and accepts them as binding on him and the Customer. The Customer hereby warrants that it regards this Agreement as binding upon it. 23.5 Each Signatory and the Customer hereby warrant that the signatory to any tax invoice, delivery note or other documentation of the Supplier made out in the name of, or to the Customer is duly authorised to bind the Customer in respect of the relevant transaction. 23.6 The Signatory shall be bound by the provisions of this Agreement as if he were the Customer, with the changes required by the context particularly, but without limita...
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Related to AND WARRANTY OF AUTHORITY

  • Warranty of Authority Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

  • Representation of Authority Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority.

  • Limit of Authority Unless otherwise expressly limited by the resolution of appointment or by subsequent action by the Trust, the appointment of BOSTON FINANCIAL as Transfer Agent will be construed to cover the full amount of authorized stock of the class or classes for which BOSTON FINANCIAL is appointed as the same will, from time to time, be constituted, and any subsequent increases in such authorized amount. In case of such increase the Trust will file with BOSTON FINANCIAL: A. If the appointment of BOSTON FINANCIAL was theretofore expressly limited, a certified copy of a resolution of the Board of Trustees of the Trust increasing the authority of BOSTON FINANCIAL; B. A certified copy of the amendment to the Declaration of Trust of the Trust authorizing the increase of stock; C. A certified copy of the order or consent of each governmental or regulatory authority required by law to consent to the issuance of the increased stock, or an opinion of counsel that the order or consent of no other governmental or regulatory authority is required; D. Opinion of counsel for the Trust stating: (1) The status of the additional shares of stock of the Trust under the `33 Act and any other applicable federal or state statute; and (2) That the additional shares are, or when issued will be, validly issued, fully paid and non-assessable.

  • EXTENT OF AUTHORITY exercise a degree of autonomy; • control projects and/or programmes; • set outcomes for subordinates; • establish priorities and monitor workflow in areas of responsibility; • solutions to problems can generally be found in documented techniques, precedents and guidelines or instructions. Assistance is available when required.

  • Limitation of Authority No person is authorized to make any representations concerning the Funds or the Shares except those contained in the Prospectus of each Fund and in such printed information as the Distributor may subsequently prepare. No person is authorized to distribute any sales material relating to any Fund without the prior written approval of the Distributor.

  • Warrant of Authority Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

  • Grant of Authority As of the Effective Date, GlobalSign hereby grants to Subscriber the authority for the term set forth in Section 7 to use the enclosed Digital Certificate to create Digital Signatures or to use the Digital Certificate in conjunction with Private Key or Public Key operations.

  • Limitations of Authority A. Neither Party has authority for or on behalf of the other except as provided in this XXX. No other authority, power, partnership, use of rights is granted or implied. B. This XXX represents the entire XXX by and between the Parties and supersedes all previous letters, understanding or oral agreements between the College and the School District. Any representations, promises, or guarantees made but not stated in the body of this XXX are null and void and of no effect. C. Neither Party may make, revise, alter, or otherwise diverge from the terms, conditions or policies which are subject to this XXX without a written amendment to this XXX. Changes to this XXX are subject to the approval of the College Legal Department. D. Neither Party may incur any debt, obligation expense, or liability or any kind against the other without the other's express written approval.

  • Reservation of Authority Nothing in this subpart shall limit the authority of the Secretary to take action to enforce conditions or violations of law, including actions necessary to prevent evasions of this subpart.

  • Representations and Warranties of the Authority The Authority represents and warrants to the Contractor that: (a) it has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated herein and that it has taken all actions necessary to execute this Agreement, exercise its rights and perform its obligations, under this Agreement; (b) it has taken all necessary actions under the Applicable Laws to authorise the execution, delivery and performance of this Agreement; (c) it has the financial standing and capacity to perform its obligations under this Agreement; (d) this Agreement constitutes a legal, valid and binding obligation enforceable against it in accordance with the terms hereof; (e) it has no knowledge of any violation or default with respect to any order, writ, injunction or any decree of any court or any legally binding order of any Government Instrumentality which may result in any material adverse effect on the Authority’s ability to perform its obligations under this Agreement; (f) it has complied with Applicable Laws in all material respects; (g) it has good and valid right to the Site and has the power and authority to grant the Right of Way in respect thereof to the Contractor; and (h) it has procured Right of Way and environment clearances such that the Contractor can commence construction forthwith on 90% (ninety per cent) of the total length of the Project Highway.

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