Carrier’s Representations and Warranties. Carrier represents and warrants to DCBS that:
5.2.1. Carrier has the power and authority to enter into and perform this Contract;
5.2.2. This Contract, when executed and delivered, is a valid and binding obligation of Carrier enforceable in accordance with its terms;
5.2.3. The execution and performance of this Contract has been duly authorized by all necessary corporate action;
5.2.4. Carrier has the requisite experience, expertise and resources to fully and properly perform all of its duties and obligations, and exercise all of the powers, as set forth in this Contract;
5.2.5. Carrier has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Carrier will apply that skill and knowledge with care and diligence to perform the work in a professional manner and in accordance with the highest standards prevalent in Carrier’s industry, trade or profession;
5.2.6. Carrier shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the work, including but not limited to having any applicable license(s) and Certificate of Authority in good standing from DFR;
5.2.7. Carrier prepared its Application (“Application”) in response to the Request for Applications related to this Contract described in OAR 945- 020-0020(1), independently from all other applicants, and without collusion, fraud, or other dishonesty;
5.2.8. Carrier has completed, obtained and performed all other registrations, filings, approvals, authorizations, consents or examinations required by any government or governmental authority for its acts contemplated by this Contract;
5.2.9. Carrier has no undisclosed liquidated and delinquent debt owed to the State or any department or agency of the State.
5.2.10. Carrier’s Application was true, complete, accurate, and not misleading when made, and any information Carrier has furnished for this Contract, its exhibits and amendments was true, complete, accurate, and not misleading when made;
5.2.11. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided; and
5.2.12. Carrier shall promptly notify DCBS in writing if any of the foregoing representations or warranties will cease to be true at any time during the term of this Contract.
Carrier’s Representations and Warranties. Carrier hereby warrants and represents to Broker that: a) Carrier is in compliance, and shall maintain compliance during the term of this Agreement, with all applicable federal, provincial, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49C.F.R §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous materials; security regulations; owner / operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products; qualifications and licensing and training of drivers; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; and all applicable insurance laws and regulations, including, but not limited to, workers compensation. b) Carrier is solely responsible for any and all management, governing, discipline, direction and control of its employees, owner/operators, and equipment with respect to operating within all applicable federal, provincial and state legal and regulatory requirements to ensure the safe operation of Carrier's vehicles, drivers and facilities. Carrier and Xxxxxx agree that safe and legal operation of the Carrier and its drivers shall completely and without question govern and supersede any service requests, demands, preferences, instructions, and information from Broker or Broker’s customer with respect to any shipment at any time. c) Carrier will notify Broker immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold as an entity or in the case of an asset purchase involving a significant percentage of the company's assets, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
5.1 Carrier Liability for Loss, Damage, and/or Delay Claims. Xxxxxxx hereby assumes liability for and agrees to pay Xxxxxx, Xxxxxx’s customer, the shipper/consignor, and/or the consignee, for any and...
Carrier’s Representations and Warranties. The Carrier represents and warrants as of the date of execution that:
(a) it is duly organized and validly existing under the federal laws of Canada and has all requisite legal power and authority to execute this Agreement and carry out the terms, conditions and provisions hereof;
(b) this Agreement constitutes a valid, legal and binding obligation of the Carrier, enforceable in accordance with the terms hereof; and
(c) there are no actions, suits or proceedings pending or, to the Carrier’s knowledge, threatened against or affecting the Carrier before any court or administrative body that might materially adversely affect the ability of the Carrier to meet and carry out its obligations under this Agreement.
Carrier’s Representations and Warranties. The Carrier represents and warrants that:
(a) all manufacturer's mandatory modifications are complete and the aircraft complies/y with the airworthiness requirements of the country of registry and is/are safe and airworthy and will be so maintained during the Charter Agreement;
(b) the aircraft is/are fit for the purposes for which it is / they are being chartered;
(c) the aircraft's crew are qualifie d, competent and fully licensed in conformity with applicable national and international air navigation laws and regulations; and
(d) the condition of the aircraft and its/their operation shall conform to applicable national and international air navigation laws and regulations.
Carrier’s Representations and Warranties. Carrier represents and warrants to DCBS that:
5.2.1. Carrier has the power and authority to enter into and perform this Contract;
5.2.2. This Contract, when executed and delivered, is a valid and binding obligation of Carrier enforceable in accordance with its terms;
5.2.3. The execution and performance of this Contract has been duly authorized by all necessary corporate action;
5.2.4. Carrier has the requisite experience, expertise and resources to fully and properly perform all of its duties and obligations, and exercise all of the powers, as set forth in this Contract;
5.2.5. Carrier has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Carrier will apply that skill and knowledge with care and diligence to perform the work in a professional manner and in accordance with the highest standards prevalent in Carrier’s industry, trade or profession;
5.2.6. Carrier shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the work, including but not limited to having any applicable license(s) and Certificate of Authority in good standing from DCBS the Division of
Carrier’s Representations and Warranties. Carrier represents and warrants that:
a) Carrier is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities;
b) Carrier shall transport the Freight under its own operating authority and subject to the terms of this Agreement;
c) Carrier agrees that a shipper’s insertion of Broker’s name as the carrier on a xxxx of lading shall be for the shipper’s convenience only and shall not alter Broker’s status as a property broker nor Carrier’s status as a motor carrier;
d) Carrier shall not re-broker, assign or interline the shipments of Freight without Broker’s prior written consent;
e) During the term of this Agreement, Carrier is in, and shall maintain, compliance with all federal, state and local laws relating to the provision if its services, including, but not limited to: training of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers), as defined in 49 C.F.R. § 172.800, § 173, and § 397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including but not limited to, hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, qualification and licensing and training of drivers; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers; all applicable insurance laws and regulations including but not limited to workers compensation;
f) Carrier shall notify Broker immediately if Carrier’s federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended or revoked for any reason; and
g) Carrier does not have an “unsatisfactory” safety rating issued by the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation, and will notify Broker in writing immediately if its safety rating is changed to “unsatisfactory.”
Carrier’s Representations and Warranties. The Carrier represents and warrants as at the date of execution that:
(a) it is duly organized and validly existing under the federal laws of Canada and has all requisite legal power and authority to execute this Agreement and carry out the terms, conditions and provisions hereof;
(b) this Agreement constitutes a valid, legal and binding obligation of the Carrier, enforceable in accordance with the terms hereof;
(c) there are no actions, suits or proceedings pending or, to the Carrier’s knowledge, threatened against or affecting the Carrier before any court or administrative body that might materially adversely affect the ability of the Carrier to meet and carry out its obligations under this Agreement; and
(d) except for any lien or encumbrance the Carrier may have at the time of delivery of the Petroleum at the applicable Designated Delivery Point, such Petroleum will be free and clear of all liens and encumbrances arising under or by virtue of the Carrier.
Carrier’s Representations and Warranties. Carrier represents and warrants to Shipper as follows:
a. Xxxxxxx has the authority to execute this Agreement and render the Services, and doing so does not conflict with any commitment or contract to which Xxxxxxx is a party.
b. Carrier is duly authorized by appropriate regulatory authorities to operate as a contract carrier by motor vehicle transporting the Products throughout Ontario. Carrier also warrants that it has and will maintain at its expense throughout the term of this Agreement all required licences, permits and certificates necessary or appropriate for the provision of Services or the performance of its obligations under this Agreement, and will promptly notify Shipper of the revocation, expiry or termination of any such authorization.
c. Carrier warrants that it has received a “Satisfactory” safety rating as issued by all applicable government authorities, including without limitation the Canadian Department of Transportation, the Ministry of Transportation (Ontario), and shall notify Shipper of any change in its rating immediately. Carrier shall, upon request of Xxxxxxx, provide a copy of such safety rating.
x. Xxxxxxx shall use utmost care and due diligence in protecting shipments as set out in Schedule A.
Carrier’s Representations and Warranties. 9.1 Carrier hereby warrants, represents, and undertakes that it shall fully perform and observe its obligations in this Agreement as follows:
Carrier’s Representations and Warranties. Carrier represents and warrants to Cover Oregon that:
(1) Carrier has the power and authority to enter into and perform this Contract;
(2) This Contract, when executed and delivered, is a valid and binding obligation of Carrier enforceable in accordance with its terms;
(3) The execution and performance of this Contract has been duly authorized by all necessary corporate action;
(4) Carrier has the requisite experience, expertise and resources to fully and properly perform all of its duties and obligations, and exercise all of the powers, as set forth in this Contract;
(5) Carrier has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Carrier will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with the highest standards prevalent in Carrier’s industry, trade or profession;
(6) Carrier shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work, including but not limited to having any applicable license(s) and Certificate of Authority in good standing from the OID and received Certification from Cover Oregon;
(7) Carrier prepared its response to Cover Oregon’s Application related to this Contract, independently from all other applicants, and without collusion, fraud, or other dishonesty;
(8) Carrier has completed, obtained and performed all other registrations, filings, approvals, authorizations, consents or examinations required by any government or governmental authority for its acts contemplated by this Contract;
(9) Carrier’s Contract renewal offers, if applicable, were true, complete, accurate, and not misleading when made, and any information Carrier has furnished for this Contract, its exhibits and amendments was true, complete, accurate, and not misleading when made;
(10) The representations and warranties set forth in this section are in addition to, and not in lieu of, any other warranties provided; and
(11) Carrier shall promptly notify Cover Oregon in writing if any of the foregoing representations or warranties will cease to be true at any time during the term of this Contract.
