Broker’s Representations and Warranties. As a material inducement for American Specialty to enter into this Agreement, Broker represents and warrants the following:
Broker’s Representations and Warranties. Broker represents and warrants that:
(a) Broker has the requisite skills and experience to perform the Intermodal Services and all such Intermodal Services shall be performed in a professional and workmanlike manner by qualified personnel;
(b) Broker is free to enter into this Intermodal Transportation Addendum and to fully perform its obligations hereunder;
(c) Broker shall comply with all laws, rules and regulations of any duly constituted governmental authority affecting the performance of the Intermodal Services to be rendered hereunder including, without limitation, those regarding business permits and licenses;
(d) Broker has and shall maintain during the term of the Agreement all licenses, certificates, registrations, stickers and permits required by any applicable governmental agency for the Intermodal Services;
(e) Broker shall contractually require that all Drayage Agents shall be properly trained and licensed, competent and fully informed concerning their duties, responsibilities and obligations pursuant to this Intermodal Transportation Addendum, and shall perform same in a professional and workmanlike manner at all times; and
(f) Broker shall perform its services in a diligent and commercially reasonable manner.
(g) Broker itself shall contractually require Drayage Agents to maintain liability insurance covering any and all claims, damages, and, at its sole cost and expense, insurance coverage with insurance companies that satisfactorily meet Shipper’s Insurance requirements outlined in Section 10 of the hereto for Motor Broker Agreement.
Broker’s Representations and Warranties. In addition to the representations and warranties found elsewhere in this Agreement, Broker represents and warrants that:
a. It is duly organized and existing and in good standing under the laws of the state, commonwealth or other jurisdiction in which Broker is organized and that Broker will not offer Contracts or any interests in any Accounts relating thereto for sale in any state or jurisdiction where such Contracts or any interests in any Accounts relating thereto may not be legally sold or where Broker is not qualified to act as a broker-dealer.
b. It is empowered under applicable laws and by Broker's organizational documents to enter into this Agreement and perform all activities and services of Broker provided for herein and that there are no impediments, prior or existing, regulatory, self-regulatory, administrative, civil or criminal matters affecting Broker's ability to perform under this Agreement.
c. All requisite actions have been taken to authorize Broker to enter into and perform this Agreement. Broker further agrees that it will provide Distributor with the name of Broker's designated "contact person" and furnish other relevant information necessary for Distributor to communicate with such designee.
d. It is not, at the time of the execution of this Agreement, subject to any enforcement action or other proceeding with respect to its activities under applicable state or federal laws, rules or regulations.
e. Broker further agrees that it will, upon request, send to Distributor copies of (i) any report filed pursuant to NASD Conduct Rule 3070, including without limitation quarterly reports filed pursuant to Rule 3070(C), (ii) reports filed with any other self-regulatory organization in lieu of Rule 3070 reports pursuant to Rule 3070(e), and (iii) amendments to Broker's Form BD.
Broker’s Representations and Warranties. Broker represents and warrants that: (a) it has the power, authority and knowledge to enter into this Agreement, (b) it is a broker-dealer duly registered with the SEC pursuant to the Securities Exchange Act of 1934, as amended, and as of the date hereof no proceeding has been initiated to revoke such registration, (c) it is a member of FINRA and (d) it is duly registered or qualified in all material respects in each jurisdiction as necessary to provide the Services.
Broker’s Representations and Warranties. Broker represents and warrants to SCC that:
a. It has, and will maintain for the duration of this Agreement, all licenses, authorizations and insurance that may be required from time to time;
b. It has no prior or concurrent obligations, commitments or impediments that will limit or prevent the performance of Broker’s obligations under this Agreement;
c. It will not advertise or distribute any printed or digital material using or referring to SCC or its logo, trademarks and insignias, without the prior written consent of SCC.
Broker’s Representations and Warranties. Broker hereby represents and warrants to Lender as follows:
a. To the best of Broker’s knowledge, no statement or representation made or document submitted to Lender in connection with any Mortgage Broker Fee Disclosure, this Agreement or any Applications untrue, inaccurate, incomplete or misleading in any respect whatsoever, and Broker will immediately report to Lender any known or believed to be false, inaccurate, altered or forged statement, representation or document which may come to its attention. The statements and representations in the Mortgage Broker Fee Disclosure, this Agreement and all Applications submitted to Lender are made on an on-going basis and shall be true, complete and accurate throughout the term of this Agreement. All documents furnished to Lender have been prepared and executed and copies delivered as required by law and are completed, signed and initialed and all signatures and initials are authorized and genuine.
b. To the best of Broker’s knowledge there is no current, pending or threatened bankruptcy, foreclosure, or other litigation pending or threatened against any Applicant or related to the property securing any Applicant’s loan, except as Broker advises lender in writing at the time of delivery of the affected Application to Lender.
c. There will be no claims or defenses to repayment of any loan brokered to Lender under this Agreement by reason of any act or omission of Broker or its directors, officer, agents or employees.
d. Broker has no adverse information concerning any applicant which it has not communicated to lender.
e. Broker is knowledgeable in all aspects of real estate lending and with respect to all duties, obligations, limitations, and requirements imposed upon Broker under all applicable Legal Requirements.
f. Broker has complied with all terms and conditions of this agreement, the Lender Guidelines, and all legal requirements applicable to Broker, both general and in Broker’s handling of each Application and the preparation of the related documents and materials with respect to each loan.
g. Under and according to the laws of all jurisdictions in which Broker is acting as a mortgage loan broker or is otherwise undertaking the transactions contemplated by or affected by this Agreement, Broker and each of its employees, agents and independent contractors (1) is in good standing; (2) is duly qualified and licensed to perform its obligations hereunder; (3) will, during the term hereof, maintain such qualificat...
Broker’s Representations and Warranties. Broker represents and warrants to --------------------------------------- Owner that at all times during the term of this Agreement, (a) Broker, at the discretion of Tenant, is representing Tenant in connection with the leasing of all or a portion of the Property, (b) Tenant has expressed a serious interest in negotiating a lease with Owner through Broker, (c) Broker is familiar with Tenant's expectations concerning price and terms, space requirements, and financial condition, and all of such matters are generally consistent with the Property and Owner's expectations, and (d) Broker is duly licensed Texas real estate broker and is authorized to enter into this Agreement.
Broker’s Representations and Warranties. With respect to this Agreement, and to each and every Application Package to be submitted hereunder, Broker hereby represents and warrants to HB USA as follows:
i. Broker is duly organized, validly existing and in good standing under the laws of the applicable jurisdiction, and has the power to own its assets and to transact the business in which it is presently engaged. Broker warrants to HB USA that no employee employed by Broker has ever been placed on the Xxxxxxx Mac Exclusionary List or the Federal Housing Administration Debarred List.
ii. Broker has the power, authority and legal right to make, deliver and perform under this Agreement and all of the transactions contemplated hereunder, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. No consent of any other party and no consent, license, approval, or authorization of, or registration with, any governmental authority, bureau or agency is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement or the transactions contemplated herein.
iii. No litigation or administrative proceedings of or before any court, tribunal, or governmental body is presently pending, or to the knowledge of Broker, threatened against Broker or any of its employees, which if adversely determined, would have a material adverse effect on the business, assets, or financial condition of Broker.
iv. To the best of Broker's knowledge, no statement or representation made or document submitted to HB USA in connection with this Agreement or any Loan Package is untrue, inaccurate, non-genuine, incomplete or misleading in any respect whatsoever, and Broker will immediately report to HB USA any known or believed to be false, inaccurate, altered or forged statement, representation or document which may come to Broker's attention.
v. To the best of Broker's knowledge there is no current, pending or threatened bankruptcy, foreclosure, or other litigation against any Applicant or related to the subject collateral
vi. Broker has complied with all conditions of this Agreement, the HB USA Guidelines, and all Legal Requirements applicable to Broker, both generally and in Broker's handling of each Application and the preparation of the related documents and materials with respect to each loan Application Package.
vii. According to the laws of all jurisdictions in which Broker is operating, Broker and each of its employees, agents and indepe...
Broker’s Representations and Warranties. (a) Broker represents and warrants to Licensee that Broker is not in material violation of any statute, ordinance, rule, regulation, policy, order or decree of any federal, state or local governmental entity, court or authority having jurisdiction over it or over any part of its operation or assets, which violation would have a material adverse effect on Broker, its assets, or its ability to perform this Agreement, or the operation of the Station, or the FCC Licenses.
(b) During the Term of this Agreement, Broker shall broadcast, without charge, any advertisements which Licensee is obligated to air under trade or barter agreements in existence prior to the date of this Agreement: provided, that such advertisements will be aired on a run of schedule basis at a time or times determined by Broker and preemptable for any party who will pay cash for the time. Broker shall honor all terms and conditions of Licensee's cash advertising agreements and programming agreements that are in existence as of the date of this Agreement and were entered into in the ordinary course of business.
Broker’s Representations and Warranties. Broker hereby represents and warrants to QCARA the following; Xxxxxx has all legal right and power to enter into this Agreement; Xxxxxx’s execution and performance of this Agreement will not violate any law or agreement; Broker’s Listings are original creations and their provision to QCARA by Broker does not, and their provision by QCARA to Requesting Parties and their use by Requesting Parties will not, infringe any copyright, patent, trade secret, trademark or other proprietary right held by any third party; and no permission of or payment to any third party will be required for any Requesting Party’s use of such Listings. Broker and Agent shall not make the QCARA Data available to any third party unless expressly authorized to do so under this agreement.
