Common use of AND WARRANTY OF AUTHORITY Clause in Contracts

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 limitation thereto, insofar as this Agreement provides for proof of facts, costs of proceedings, service of process, limitations of defences and jurisdiction.

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-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 limitation thereto, insofar as this Agreement provides for proof of facts, costs of proceedings, service of process, limitations of defences and jurisdiction.

AND WARRANTY OF AUTHORITY. (PLEASE TAKE NOTE) 23.1 With the exception of the Supplier22.1 The signatory, each Signatory by his signature hereto, binds himself in favour of the SupplierSynertech, its successors-in-successors in title and assign assigns as surety for and co-principal debtor in solidum with the Customer customer for the due and punctual performance by the Customer customer of all its obligations to the Supplier Synertech in terms of this Agreementagreement. 23.2 22.2 The suretyship in clause 23.1 shall remain of full force and effect notwithstanding –notwithstanding- 23.2.1 any 22.2.1 Any amendment/s to this Agreement agreement and/or any other agreement for the time being subsisting between the parties; 23.2.2 any 22.2.2 Any indulgence, concession, leniency or extension of time which may be shown or given by the Supplier Synertech 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 Customercustomer. 23.3 Each Signatory 22.3 The 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 benefits of the Customer’s indebtedness or liability; 23.3.3 benefit legal exceptions “non causa debiti”, “errore calculi”, and “excussion”, “de doubus vel pluribus xxxx debendi”, “no value received” and “revision of cession accounts”, with the meaning and effect of actions, meaning that a Signatory is not entitled all of which he declares himself 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-suretybe fully acquainted. 23.4 Each Signatory 22.4 The signatory warrants, as a material warranty on which the Supplier Synertech relies on in entering into this Agreement agreement, that he is duly authorised authorized to represent and bind the Customer customer to this Agreementagreement, and that he has and the customer have read and understood each term and condition of this Agreement agreement and accepts them as binding on him and the Customer. The Customer hereby warrants that it regards this Agreement as binding upon itcustomer. 23.5 Each Signatory 22.5 The signatory and the Customer customer hereby warrant that the signatory to any quote, tax invoice, delivery note or other documentation of the Supplier made out in the name ofis, or shall be deemed to the Customer is be, duly authorised to bind the Customer customer in respect of the relevant transactiontransaction and that any person in the employ of the customer shall be regarded as having the authority to give receipts for delivery of any goods. 23.6 22.6 The Signatory signatory shall be bound by the provisions of this Agreement agreement as if he were was the Customercustomer, with the changes required by the context mutatis mutandis, particularly, but without limitation thereto, insofar as this Agreement the agreement provides for proof of facts, costs of proceedings, service services of process, limitations of defences and jurisdiction.

AND WARRANTY OF AUTHORITY. (PLEASE TAKE NOTE) 23.1 With the exception of the Supplier22.1 The signatory, each Signatory by his signature hereto, binds himself in favour of the SupplierSynertech Innovations, its successors-in-successors in title and assign assigns as surety for and co-principal debtor in solidum with the Customer customer for the due and punctual performance by the Customer customer of all its obligations to the Supplier Synertech Innovations in terms of this Agreementagreement. 23.2 22.2 The suretyship in clause 23.1 shall remain of full force and effect notwithstanding –notwithstanding- 23.2.1 any 22.2.1 Any amendment/s to this Agreement agreement and/or any other agreement for the time being subsisting between the parties; 23.2.2 any 22.2.2 Any indulgence, concession, leniency or extension of time which may be shown or given by the Supplier Synertech Innovations 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 Customercustomer. 23.3 Each Signatory 22.3 The 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 benefits of the Customer’s indebtedness or liability; 23.3.3 benefit legal exceptions “non causa debiti”, “errore calculi”, and “excussion”, “de doubus vel pluribus xxxx debendi”, “no value received” and “revision of cession accounts”, with the meaning and effect of actions, meaning that a Signatory is not entitled all of which he declares himself 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-suretybe fully acquainted. 23.4 Each Signatory 22.4 The signatory warrants, as a material warranty on which the Supplier Synertech Innovations relies on in entering into this Agreement agreement, that he is duly authorised authorized to represent and bind the Customer customer to this Agreementagreement, and that he has and the customer have read and understood each term and condition of this Agreement agreement and accepts them as binding on him and the Customer. The Customer hereby warrants that it regards this Agreement as binding upon itcustomer. 23.5 Each Signatory 22.5 The signatory and the Customer customer hereby warrant that the signatory to any quote, tax invoice, delivery note or other documentation of the Supplier made out in the name ofis, or shall be deemed to the Customer is be, duly authorised to bind the Customer customer in respect of the relevant transactiontransaction and that any person in the employ of the customer shall be regarded as having the authority to give receipts for delivery of any goods. 23.6 22.6 The Signatory signatory shall be bound by the provisions of this Agreement agreement as if he were was the Customercustomer, with the changes required by the context mutatis mutandis, particularly, but without limitation thereto, insofar as this Agreement the agreement provides for proof of facts, costs of proceedings, service services of process, limitations of defences and jurisdiction.