Contractor Representations. Contractor represents and warrants to Subcontractor as follows:
(a) Contractor (i) is duly organized, validly existing and in good standing under the laws of its state of incorporation or organization, (ii) has the power and authority to own its properties and to carry on business as now being conducted, and (iii) has the power to execute and deliver this Subcontract;
(b) The execution and performance by Contractor of the terms and provisions of this Subcontract by Contractor have been duly authorized by all requisite action, and neither the execution nor the performance of this Subcontract will violate any provision of law, any order of any court or other agency of government, the organizational documents of Contractor or any indenture, agreement or other instrument to which Contractor is a party, or by which Contractor is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, or except as may be provided by this Subcontract, result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Contractor pursuant to, any such indenture agreement or instrument;
(c) Contractor has obtained all licenses, permits and approvals required to perform the Services to be provided by Contractor under the Prime Contract; and
(d) Contractor is not under suspension or debarment by the Commonwealth or any other governmental entity, instrumentality or authority.
Contractor Representations. Contractor represents and warrants the following to Owner:
Contractor Representations. Contractor expressly represents that:
A. Contractor has read and is fully familiar with all the terms and conditions of this Agreement, the Contract Documents, and other related data and acknowledges that they are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of the work to be performed by Contractor under this Agreement.
B. Contractor has disclosed, in writing, all known conflicts, errors, inconsistencies, discrepancies, or omissions discovered by Contractor in the Contract Documents, and that the City’s written resolution of same is acceptable to Contractor.
C. Contractor has had an opportunity to visit, has visited, or has had an opportunity to examine and ask questions regarding the sites upon which the work is to be performed and is satisfied with the site conditions that may affect cost, progress, and performance of the work, as observable or determinable by Contractor’s own investigation.
D. Contractor is satisfied with the site conditions that may affect cost, progress, and performance of the work, as observable or determinable by Contractor’s own investigation.
E. Contractor is familiar with all local, state, and Federal laws, regulations, and ordinances which may affect cost, progress, or its performance under this Agreement whatsoever.
Contractor Representations. The Contractor hereby represents and warrants to the Division that:
1. The Contractor has at least three (3) years of experience with contractual services described here in this Contract;
2. The Contractor is licensed in the State of Mississippi by the Department of Insurance; or is in the process of obtaining license in Mississippi to be effective prior to the Enrollment of beneficiaries;
3. All information and statements contained in the Mississippi Coordinated Access Network (MississippiCAN) Contract Proposal and responses to additional letter inquiries submitted by the Contractor to the Division are true and correct as of the date of this Contract;
4. A copy of the Contractor’s Proposal as approved by the Division is on file in the Contractor’s office in Mississippi and any revisions to the Proposal as approved by the Division are posted in the Contractor’s copy;
5. There have been no material adverse changes in the financial condition or business operations of the Contractor since the date of the Application and the closing date of the most recent financial statements of the Contractor submitted to the Division;
6. The Contractor has not been sanctioned by a State or Federal government within the last ten (10) years;
7. The Contractor has experience in contractual services providing the types of services described in the RFP and this Contract; and
8. All covered services provided by the Contractor will meet the quality management standards of the Division, and will be furnished to Members as promptly as necessary to meet each individual's needs.
9. The Contractor shall have, or obtain, any license/permits that are required prior to and during the performance of work under this Contract.
Contractor Representations. Contractor represents that all information provided by it including, but not limited to, the resume, interview and references are true, accurate and complete; the Contractor is not restricted by any employment or other contractor agreement; it has all the skills and training necessary to perform the services required by this Agreement; and Contractor has and maintains books and records which reflect items of income and expenses of its trade or business and offers its services to third parties. Contractor makes these representations with the knowledge that the Company will rely on the representations. In addition to any other remedies the Company may have, it may terminate this Agreement in the event of any misstatement or misrepresentation.
Contractor Representations. Contractor expressly represents that:
A. Contractor has read and is fully familiar with all of the terms and conditions of this Agreement, the Contract Documents, and other related data and acknowledges that they are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of the work to be performed by Contractor under this Agreement.
B. Contractor has disclosed, in writing, all known conflicts, errors, inconsistencies, discrepancies, or omissions discovered by Contractor in the Contract Documents, and that the City’s written resolution of same is acceptable to Contractor.
C. Contractor has had an opportunity to visit, has visited, and has had an opportunity to examine and ask questions regarding the sites upon which the work is to be performed and is satisfied with the site conditions that may affect cost, progress, and performance of the work, as observable or determinable by Contractor’s own investigation.
D. Contractor is familiar with all local, state, and Federal laws, regulations, and ordinances which may affect cost, progress, or its performance under this Agreement whatsoever.
E. Neither Contractor, its parent corporations, subsidiaries, members, shareholders, partners, officers, directors or executives, nor any of its affiliates, contractors, suppliers, subcontractors, or consultants under this Agreement have been placed on the convicted vendor list following a conviction of a public entity crime. Contractor understands that a “public entity crime” as defined in section 287.133(1)(g), Florida Statutes, is “a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States…” Contractor further understands that any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime (1) may not submit a bid, proposal, or reply on a contract: (a) to provide any goods or services to a public entity; (b) for the construction or repair of a public building or public work; or (c) for leases of real property to a public entity; (2) may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and (3) may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEG...
Contractor Representations. 4.1 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bid/Proposal Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work.
D. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.
E. Based on the information and observations referred to in Paragraph 4.1.D above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
G. Contractor has given Architect written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Architect is acceptable to Contractor.
H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Contractor Representations. 4.1 In order to induce Owner to enter into this Agreement, Contractor has made representations throughout this Agreement and hereby further makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bid/Proposal Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Furthermore, Contractor acknowledges this Project includes very unique circumstances and factors due to the fact the Work being performed is on a jail facility that contains a jail kitchen that services the Xxxxxxxxxx County Jail inmate population, that must remain operable, and that security measures must be taken and followed during all Work on the Project.
C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work.
D. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.
E. Based on the information and observations referred to in Paragraph 4.1.D above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written reso...
Contractor Representations. Contractor represents that it has the legal right to enter into this Agreement, and to perform hereunder, without breaching any prior confidentiality agreement, employment contract, or legal duty owed to a former client or employer, and Contractor agrees to indemnify and hold SCS harmless from and against any costs or liability, whatsoever, including attorney's fees, resulting from any such claim. In addition, Contractor shall indemnify SCS, its agents, servants and employees and hold them harmless from and against any and all liabilities, losses, injury of any kind or nature whatever (including resulting death) to all persons employed by Contractor or otherwise, including its subcontractors, and damage to all property, and expenses (including reasonable attorneys' fees) arising out of or resulting from Contractor’s or a Contractor’s Employee’s performance of the Services and Nursing Services, including but not limited to any claim for payment made by a subcontractor, employee or agent of Contractor, and Contractor further assumes the defense and the entire responsibility and liability for any and all such claims, and agrees to assume, on behalf of SCS, the amount of any judgment that may be entered against SCS in such action, regardless of cause or fault or negligence or alleged strict liability on the part of SCS. In the event Contractor’s liability shall arise by reason of the sole negligence of SCS, then and only then, shall Contractor not be liable under the provisions of this section.
Contractor Representations. If Contractor is a business entity, it represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Texas ; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in this Agreement; and (iv) the individual executing this Agreement on behalf of Contractor is authorized to do so. If Contractor is a taxable entity as defined by Chapter 171, Texas Tax Code, then Contractor certifies that it is not currently delinquent in the payment of any taxes due under Chapter 171, or that Contractor is exempt from the payment of those taxes, or that Contractor is an out-of-state taxable entity that is not subject to those taxes, whichever is applicable.
