COMPANY'S WARRANTIES AND REPRESENTATIONS. Company warrants and represents that:
(a) it has, and will have throughout the Term of this Agreement, the right to authorize use of the Trademark to Manufacturer in accordance with the terms and provisions of this Agreement; and
(b) the entering of this Agreement by Company does not violate any agreements, rights or obligations existing between Company and any other person, entity, or corporation.
COMPANY'S WARRANTIES AND REPRESENTATIONS. To induce Purchaser to enter into this Agreement, Company represents and warrants to Purchaser as follows:
COMPANY'S WARRANTIES AND REPRESENTATIONS i. The Company warrants and represents that it has submitted Performance Guarantee of 2% of the total value of this Agreement as stipulated herein and the tender document to PSDF.
ii. The Company warrants and represents that it has submitted the Bid Security amounting to 0.5% as stipulated in the tender document to PSDF.
iii. The Company warrants and represents that it has the legal right and capacity to enter into this Agreement and the execution and delivery of this Agreement has been duly and validly authorized and no proceedings on part of any person are necessary to authorize this Agreement or to consummate the transactions contemplated hereby.
iv. The Company is legally entitled, validly existing and carrying on its business under the laws of Pakistan and complies with the eligibility criteria set out in the expression of interest and the request for proposal document.
v. The Company warrants and represents that it has the required professional skills, knowledge, expertise technical and financial resources required for the purposes of providing the products, Services and related services and carrying out all related activities in relation to this Agreement.
vi. The Company warrants and represents that it shall comply with any alteration or replacement requests made by PSDF to ensure that the Services, products and any related services are up to the standards and expectations of PSDF, at no additional cost to PSDF.
vii. The Company warrants and represents that the products and Services provided in connection to this Agreement are free from defects and up to or exceeding industry standards, the quality and fitness for which shall be determined by PSDF.
viii. The Company warrants and represents that it has the requisite experience of providing the Services required in connection with this Agreement.
ix. The Company warrants and represents that it shall be legally responsible for all acts of its employees, sub-contractors, independent contractors etc. (if any) providing the Services. Provided, that the Company has taken written permission from PSDF to delegate/assign any employee/contractor the obligations of this Agreement.
x. The execution and performance of this Agreement does not constitute a violation of any applicable laws of Pakistan and/or any agreement/understandings to which any or each of the said Parties are bound by.
xi. The Company warrants that it possesses all requisite licenses, qualifications, certifications, registrations, regulatory a...
COMPANY'S WARRANTIES AND REPRESENTATIONS. Company warrants and ------------------------------------------- represents that:
(a) Company possesses full power and authority to enter into this Agreement to fulfill its obligations hereunder; and
(b) The performance of the terms of this Agreement and of Company's obligations hereunder shall not breach any separate agreement by which Company is bound.
COMPANY'S WARRANTIES AND REPRESENTATIONS. 9.1 The Company does not give any warranty whatsoever, in respect of the scope of its Services, its legal obligations, legal duties or potential legal liability, other than as provided for herein or imposed by law.
9.2 The Customer acknowledges that the Company is not in any way whatsoever bound by any oral statement/representation, which may have been made by any employee or any person acting or purporting to act for and on behalf of the Company, whether negligently or otherwise, unless the same is made in writing by an employee duly authorised thereto.
COMPANY'S WARRANTIES AND REPRESENTATIONS. Company warrants and represents:
(i) Company has the right and power to enter into and fully perform this Agreement,
(ii) No agreement of any kind heretofore entered into by Company shall interfere in any manner with the complete performance of this Agreement, and
(iii) Material embodied in Products and the packaging therefor as supplied by Company and any other items furnished to WEA by Company shall not violate any law or infringe upon the rights of any third party. As used herein, "Material" shall include, without limitation, all musical compositions, names, biographical materials and likenesses, photographic, video or motion picture images, sound recordings, intellectual properties, all packaging and artwork and Company's trademarks, tradenames and logos.
COMPANY'S WARRANTIES AND REPRESENTATIONS. To induce Concordia to enter into this Agreement, Company represents and warrants to Concordia as follows:
COMPANY'S WARRANTIES AND REPRESENTATIONS. Company warrants and represents that:
(a) it has, and will have throughout the term of this Agreement, the right to authorize use of the Trademarks to Manufacturer in accordance with the terms and provisions of this Agreement; and
(b) the entering of this Agreement by Company does not violate any agreements, rights or obligations existing between Company and any other person, entity, or corporation. 18. INDEMNIFICATIONS.
(a) Company hereby indemnifies Manufacturer and shall hold it harmless from any loss, liability, damage, cost or expense (including reasonable attorney’s fees) arising out of any claims or suits which may be brought against Manufacturer by reason of the breach by Company of the warranties or representations as set forth in Paragraph 17, above, provided that Manufacturer gives prompt written notice, and full cooperation and assistance to Company relative to any such claim or suit, and that Company shall have the option to undertake and conduct the defense of any suit so brought. Manufacturer shall cooperate fully in the respect with Company in the conduct and defense of said suit and/or proceedings.
(b) Manufacturer indemnifies and agrees to hold Company harmless from any loss, liability, damage, cost or expense (including reasonable attorney’s fees), arising out of (i) any breach of the terms herein contained; (ii) any claims or suits by reason of any unauthorized use by Manufacturer in connection with the Licensed Products or Trademarks covered by this Agreement; (iii) Manufacturer’s noncompliance with any applicable federal, state, or local law or with any other applicable governmental units or agency’s rules, regulations; and (iv) any alleged defects and/or inherent dangers in Licensed Products or use thereof.
(c) If reasonably available in the country in which Manufacturer operates it factory, Manufacturer agrees to obtain, at its own expense, product liability insurance providing adequate protection for Company and Manufacturer against any claims or suits in an amount no less than US$3,000,000. If applicable, within thirty (30) days from the date thereof, Manufacturer undertakes to submit to Company a fully paid policy or Certificate of Insurance naming Company as an insured party and, requiring that the insurer shall not terminate or materially modify such without written notice to Company of at least twenty (20) days.
COMPANY'S WARRANTIES AND REPRESENTATIONS. Company represents and warrants to Purchaser as follows:
COMPANY'S WARRANTIES AND REPRESENTATIONS. With respect to each and every image of a Check which the Company transmits to F&M BANK, the Company irrevocably warrants and represents to F&M BANK:
1. the image and the electronic file comprising the image meets or exceeds all standards and requirements under the Check 21 Act and all industry standards existing in the furtherance thereof for the creation of a Substitute Check from the image with the legal equivalence of the subject Check as provided in Section 4 of the Check 21 Act;
2. the Company is in possession of the original of the Check from which the image was captured and will retain, safeguard and destroy the original Check as provided in Section 2.11 above;
3. the Check from which the image was captured (i) is an original Check and not a duplicate; (ii) contains all endorsements necessary to the transfer and negotiation of the Check to F&M BANK; (iii) has not been altered or fraudulently issued or procured and is not counterfeit; (iv) has not been previously paid and has not previously been nor will further be negotiated, deposited, presented for payment or imaged; (v) is not drawn on a foreign bank; (vi) is owned by the Company and is not transmitted to the bank for any purpose other than for deposit to the Deposit Account(s) as the Company’s own funds; (vii) only checks made payable to Company will be presented via the Remote Deposit Service; (viii) Company will not transmit any ineligible items as described herein or in any instructional materials provided for Remote Deposit Services; (ix) all information Company provides to F&M BANK is accurate and true; and (x) Company will comply with this Agreement and all applicable rules, laws and regulations in using the Service
