Common use of By Supplier Clause in Contracts

By Supplier. Supplier represents and warrants that: (a) Supplier is a corporation duly incorporated, validly existing and in good standing under the Laws of the State of Ohio; (b) Supplier has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) the execution, delivery and performance of this Agreement by Supplier (i) has been duly authorized by Supplier and (ii) shall not conflict with, result in a breach of, or constitute a default under any other agreement to which Supplier is a party or by which Supplier is bound; (d) Supplier is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required to perform the Services, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on Supplier’s ability to fulfill its obligations under this Agreement; (e) Supplier is in compliance with all Laws applicable to Supplier’s obligations under this Agreement and has obtained all applicable Governmental Approvals and any licenses, approvals, permits, certificates, inspections, consents and authorizations required of Supplier by third parties in connection with its obligations under this Agreement; (f) there is no outstanding litigation, arbitrated matter or other dispute to which Supplier is a party which, if decided unfavorably to Supplier, would reasonably be expected to have a material adverse effect on Supplier’s ability to fulfill its obligations under this Agreement; (g) Supplier has not violated any Hawaiian Telcom policies of which the Supplier has been given notice regarding the offering of unlawful inducements in connection with the Agreement.

By Supplier. Supplier represents and warrants that: (a) Supplier is a corporation duly incorporated, validly existing and in good standing under the Laws of the State Commonwealth of OhioMassachusetts; (b) Supplier has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) the execution, delivery and performance of this Agreement by Supplier (i) has been duly authorized by Supplier and (ii) shall not conflict with, result in a breach of, of or constitute a default under any other agreement to which Supplier is a party or by which Supplier is bound; (d) Supplier is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required to perform for the Servicesownership or leasing of its assets or the transaction of business of the character transacted by it, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on Supplier’s 's ability to fulfill its obligations under this Agreement; (e) Supplier is in compliance with all Supplier Laws applicable to Supplier’s 's obligations under this Agreement and has obtained all applicable Governmental Approvals permits and any licenses, approvals, permits, certificates, inspections, consents and authorizations licenses required of Supplier by third parties in connection with its obligations under this Agreement; (f) there is no outstanding litigation, arbitrated matter or other dispute to which Supplier is a party whichthat, if decided unfavorably to Supplier, would reasonably be expected to have a material adverse effect on Supplier’s 's ability to fulfill its obligations under this Agreement;; and (g) Supplier has not violated any Hawaiian Telcom policies of which the Supplier has Software does not infringe upon the proprietary rights of any third party (except as may have been given notice regarding the offering of unlawful inducements in connection with the Agreementcaused by a modification by PacifiCare Entities or PacifiCare Entity Agents).

By Supplier. Supplier represents and warrants to PacifiCare that: (a) Supplier is a corporation duly incorporated, validly existing and in good standing under the Laws of the State of OhioNew York; (b) Supplier has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) the execution, delivery and performance of this Agreement by Supplier (i) has been duly authorized by Supplier and (ii) shall not conflict with, result in a breach of, of or constitute a default under any other agreement to which Supplier is a party or by which Supplier is bound; (d) Supplier is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required to perform for the Servicesownership or leasing of its assets or the transaction of business of the character transacted by it, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on Supplier’s 's ability to fulfill its obligations under this Agreement; (e) Supplier is in compliance with all Laws applicable to Supplier’s 's obligations under this Agreement and has obtained all applicable Governmental Approvals permits and any licenses, approvals, permits, certificates, inspections, consents and authorizations licenses required of Supplier by third parties in connection with its obligations under this Agreement; (f) there is no outstanding litigation, arbitrated matter or other dispute to which Supplier is a party whichthat, if decided unfavorably to Supplier, would reasonably be expected to have a material adverse effect on Supplier’s 's ability to fulfill its obligations under this Agreement; (g) Supplier has not violated any Hawaiian Telcom policies of which the Supplier has been given notice regarding the offering of unlawful inducements in connection with the Agreement.; and

By Supplier. Supplier represents and warrants that: (a) Supplier is a corporation duly incorporated, validly existing and in good standing under the Laws of the State of OhioNew York; (b) Supplier has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) Agreement and the execution, delivery and performance of this Agreement by Supplier (i) has been duly authorized by Supplier and (ii) shall not conflict with, result in a breach of, or constitute a default under any other agreement to which Supplier is a party or by which Supplier is bound; (dc) Supplier is duly licensed, authorized or qualified to do business and is in good standing in every jurisdiction in which a license, authorization or qualification is required to perform for the Servicesownership or leasing of its assets or the transaction of business of the character transacted by it, except where the failure to be so licensed, authorized or qualified would not have a material adverse effect on Supplier’s ability to fulfill its obligations under this Agreement; (ed) Supplier is in compliance with all Laws applicable to Supplier’s obligations under this Agreement and has obtained all applicable Governmental Approvals material permits and any licenses, approvals, permits, certificates, inspections, consents and authorizations licenses required of Supplier by third parties in connection with its obligations under this Agreement; (fe) there is no outstanding litigation, arbitrated matter or other dispute to which Supplier is a party which, if decided unfavorably to Supplier, would reasonably be expected to have a material adverse effect on Supplier’s ability to fulfill its obligations under this Agreement;; and (gf) Supplier and Supplier Agents have full power and authority to xxxxx Xxxxxxxx the rights granted herein without the consent of any other party and Supplier has not violated created or permitted any Hawaiian Telcom policies of which the restrictions, settlements, judgments or adverse claims on any materials developed or furnished by Supplier has been given notice regarding the offering of unlawful inducements in connection with the Agreementand Supplier Agents to Michaels.