Consultant’s Representations. Consultant hereby represents and warrants to Company that (i) the execution, delivery and performance of this Agreement by Consultant does not and shall not conflict with, breach, violate or cause a default under any material contract, agreement, instrument, order, judgment or decree to which Consultant is a party or by which he is bound; and (ii) upon the execution and delivery of this Agreement by both Consultant and Company, this Agreement shall be the valid and binding obligation of Consultant enforceable in accordance with its terms.
Appears in 3 contracts
Samples: Consulting Agreement (Premier, Inc.), Consulting Agreement (Premier, Inc.), Consulting Agreement (Premier, Inc.)
Consultant’s Representations. Consultant hereby represents and warrants to the Company that (i) the execution, execution and delivery and performance by Consultant of this Agreement do not, and the performance by Consultant does not and shall not of Consultant’s obligations hereunder will not, with or without the giving of notice or the passage of time, or both (a) violate any judgment, writ, injunction, or order of any court, arbitrator, or governmental authority applicable to Consultant, or (b) conflict with, breachresult in the breach of any provision of or the termination of, violate or cause constitute a default under under, any material contract, agreement, instrument, order, judgment or decree agreement to which Consultant is a party or by which he Consultant is or may be bound; and (ii) upon the execution and delivery of this Agreement by both Consultant and Company, this Agreement shall be the valid and binding obligation of Consultant enforceable in accordance with its terms.
Appears in 2 contracts
Samples: Consulting Agreement (Cano Petroleum, Inc), Consulting Agreement (Cano Petroleum, Inc)
Consultant’s Representations. The Consultant hereby represents and warrants with and to Company that Fision as follows:
(ia) Consultant has the executionrequisite authority and capacity enter into and perform its obligations under this Agreement.
(b) Consultant is neither restricted nor prohibited, delivery contractually or otherwise, from entering into and performing this Agreement and Consultant’s execution and performance of this Agreement by is not a violation or breach of any other agreements between Consultant does not and shall not conflict with, breach, violate any other person or cause a default under any material contract, agreement, instrument, order, judgment or decree to which Consultant entity.
(c) This Agreement is a party or by which he is bound; and (ii) upon the execution and delivery of this Agreement by both Consultant and Companylegal, this Agreement shall be the valid and binding obligation agreement of Consultant Consult and, enforceable in accordance with according to its terms.
Appears in 2 contracts
Samples: Consulting Agreement (FISION Corp), Consulting Agreement (FISION Corp)
Consultant’s Representations. Consultant hereby represents and warrants to the Company that (i) the execution, Consultant's execution and delivery and performance of this Agreement by Consultant does not and shall not conflict with, breachor result in the breach of or violation of, violate or cause a default under any material contract, other agreement, instrument, order, judgment or decree to which Consultant is a party or by which he is bound; and (ii) upon the execution and delivery of this Agreement by both Consultant and Company, this Agreement shall be the valid and binding obligation of Consultant enforceable in accordance with its terms.
Appears in 1 contract
Consultant’s Representations. Consultant hereby represents and warrants to Company that Consultant: (ia) the execution, delivery and performance is financially capable of fulfilling all of its obligations under this Agreement by Consultant does not and shall not conflict with, breach, violate that there are no legal or cause a default under any material contract, agreement, instrument, order, judgment administrative proceedings pending or decree to which threatened against it that could adversely affect its performance and that Consultant is a party not prohibited by any arrangements or by which he any document or obligation from entering into or performing this Agreement; (b) is boundfully experienced and properly qualified, organized and equipped to perform the Services; and (ii) upon the execution and delivery of this Agreement by both Consultant and Company, this Agreement shall be the valid and binding obligation of Consultant enforceable in accordance with its terms.and
Appears in 1 contract
Samples: Consulting Agreement
Consultant’s Representations. Consultant hereby represents and warrants to Company that (i) the execution, delivery and performance of this Agreement by Consultant does do not and shall not conflict with, breach, violate or cause a default under any material contract, agreement, instrument, order, judgment or decree to which Consultant is a party or by which he it is bound; , Consultant is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other Person and (ii) upon the execution and delivery of this Agreement by both Consultant and Company, this Agreement shall be the valid and binding obligation of Consultant Consultant, enforceable in accordance with its terms.
Appears in 1 contract
Samples: Advisory Board Consulting Agreement (NightCulture, Inc.)
Consultant’s Representations. Consultant hereby represents and warrants to the Company that (i) the his execution, delivery and performance of this Agreement by Consultant does not and shall not conflict with, breachor result in the breach of or violation of, violate or cause a default under any material contract, other agreement, instrument, order, judgment or decree to which Consultant he is a party or by which he is bound; , (ii) he is not a party to or bound by any employment agreement, noncompete agreement or confidentiality agreement with any other person or entity and (iiiii) upon the execution and delivery of this Agreement by both Consultant and the Company, this Agreement shall be the valid and binding obligation of Consultant his, enforceable in accordance with its terms.
Appears in 1 contract
Samples: Consulting and Non Competition Agreement (Phonetel Technologies Inc)
Consultant’s Representations. The Consultant hereby represents and warrants to the Company that (i) the his execution, delivery and performance of this Agreement by Consultant does not and shall not conflict with, breachor result in the breach of or violation of, violate or cause a default under any material contract, other agreement, instrument, order, judgment or decree to which Consultant he is a party or by which he is bound; , and (ii) upon the execution and delivery of this Agreement by both Consultant and the Company, this Agreement shall be the a valid and binding obligation of Consultant the Consultant, enforceable in accordance with its terms.
Appears in 1 contract
Samples: Consulting Agreement (Martha Stewart Living Omnimedia Inc)