Contractor Representations Warranties and Covenants. Contractor hereby represents and warrants to and for the benefit of DCH, and covenants with DCH, as follows:
Contractor Representations Warranties and Covenants. Contractor represents, warrants, and covenants to USC as follows:
A. Neither Contractor, nor any Contractor Staff is bound by any agreement or arrangement which would preclude Contractor or any Contractor Staff from entering into, or from fully performing the services required under, this Agreement; Neither Contractor’s nor any Contractor Staff’s license or certification in the state of California or in any other jurisdiction has ever been denied, suspended, revoked, terminated, or relinquished under threat of disciplinary action, or restricted in any way; Neither Contractor nor any Contractor Staff has never been convicted of a criminal offense related to health care or listed by a federal agency as debarred, excluded or otherwise ineligible for federal program participation; Any articles delivered hereunder shall be free from defects in labor, material and manufacture, and to be in compliance with any drawings or specifications incorporated or referenced herein and with any samples furnished by Contractor;
Contractor Representations Warranties and Covenants. Contractor hereby represents, warrants and covenants to Synergy that:
6.1.1. Contractor has and shall engage competent employees and consultants with the proper skill, training and background to support its obligation to render the Services hereunder, and shall provide the facilities, supplies and staff necessary to complete each Project as specified in the Work Order for such Project, and in accordance with the other terms of this Agreement.
6.1.2. Each Project shall be performed in all material respects in accordance with the terms of this Agreement and the applicable Work Order and all Product will conform in all respects to the Specifications and Manufacture and Release Requirements set forth in the applicable Work Order at the time of delivery to Synergy’s carrier if Synergy arranges for shipment, or time of delivery to Synergy if Contractor arranges shipment.
6.1.3. Contractor is under no contractual or other obligation or restriction that is inconsistent with performance of its obligations under this Agreement, and Contractor will not enter into any agreement, either written or oral, in conflict with its obligations hereunder. Contractor shall provide the Services in a manner that the provision thereof will not conflict with its responsibilities under any other agreement, arrangement or understanding, including any employment relationship.
6.1.4. Contractor’s performance of Services shall not infringe, violate or misappropriate any third party intellectual property rights except to the extent such performance is based upon Synergy’s written instructions or use of Synergy Materials.
6.1.5. Contractor has not been debarred, and has not been convicted of a crime which could lead to debarment, under the Debarment Act. In the event that Contractor or any of its officers, directors, or employees becomes debarred or receives notice of action or threat of action with respect to its debarment, Contractor shall notify Synergy immediately in writing.
6.1.6. Contractor has not utilized and shall not utilize the services of any individual or entity in the performance of Services who has been debarred or who has been convicted of a crime which could lead to debarment under the Debarment Act. In the event that Contractor receives notice of the debarment or threatened debarment of any such individual or entity, Contractor shall notify Synergy immediately.
Contractor Representations Warranties and Covenants. Contractor covenants, represents, and warrants to Owner that:
Contractor Representations Warranties and Covenants. Contractor hereby covenants, represents, and warrants to Client that: (i) Contractor has the general skills necessary to perform the Services in accordance with this Agreement; (ii) Contractor is not a party to or bound by any agreement, obligation, or understanding which materially restricts or limits Contractor’s right or ability to enter into this Agreement or to perform Contractor’s obligations under this Agreement, including performance of the Services; and (iii) Contractor has the necessary equipment, facilities, and workers to perform Contractor’s obligations under this Agreement, including performance of the Services. All other warranties by Contractor, either express or implied, are hereby disclaimed.
Contractor Representations Warranties and Covenants. Contractor represents, warrants, and covenants that:
(i) Contractor has the full right to enter into this Agreement and to perform all of its obligations under this Agreement (including, but not limited to, to provide all Work Product provided to BARKBOX under this Agreement), and Contractor’s entering into this Agreement and each SOW does not conflict with any other contractual obligations of Contractor.
(ii) In performing the Services, Contractor will comply with all applicable federal, state, and local laws, ordinances, and regulations, and with all applicable union agreements.
Contractor Representations Warranties and Covenants. In addition to Contractor’s other representations, warranties, and covenants in this Agreement, Contractor represents, warrants, and covenants to NMHIX that:
12.2.1 at all times during the Warranty Period (as defined below), following Acceptance of a Deliverable, such Deliverable shall conform to and perform in accordance with the Acceptance Criteria. If, at any time during the Warranty Period after Acceptance, a Service or any Deliverable is found to be malfunctioning, defective, or otherwise not in accordance with the requirements of this Agreement, Contractor shall correct it promptly after receipt of written notice from NMHIX to do so. NMHIX shall give such notice promptly after discovery of the condition. The “Warranty Period” means the time period from the Effective Date of this Agreement through and including December 31, .
Contractor Representations Warranties and Covenants. WARRANTY: The Contractor warrants that all items furnished and all services performed by the Contractor, its agents and subcontractors shall be free and clear of any defects in workmanship or materials and comply with all applicable safety requirements under applicable law, including OSHA Standards. Unless otherwise stated in this Contract, all items are warranted for a period of one year following delivery by the Contractor and acceptance by the University. The equipment manufacturer’s standard warranty shall apply as a minimum and must be honored by the Contractor. The Contractor shall repair, replace or otherwise correct any problem with the delivered item. When an item is replaced, it shall be replaced with an item of equivalent or superior quality without any additional cost to the University. PATENT, COPYRIGHT, AND TRADEMARK INDEMNITY: The Contractor warrants that it is the sole owner or author of, or has entered into a suitable legal agreement concerning either: a) the design of any product or process provided or used in the performance of this Contract that is covered by a patent, copyright, or trademark registration or other right duly authorized by state or federal law or b) any copyrighted matter in any report document or other material provided to the University under this Contract. The Contractor shall defend any suit or proceeding brought against the University on account of any alleged patent, copyright or trademark infringement in the United States of any of the products provided or used in the performance of this Contract. This is upon condition that the University shall provide prompt notification in writing of such suit or proceeding; full right, authorization and opportunity to conduct the defense thereof; and full information and all reasonable cooperation for the defense of same. As principles of governmental or public law are involved, the University may participate in or choose to conduct, in its sole discretion, the defense of any such action. If information and assistance are furnished by the University at the Contractor’s written request, it shall be at the Contractor’s expense, but the responsibility for such expense shall be only that within the Contractor’s written authorization. The Contractor shall indemnify and hold the University harmless from all damages, costs, and expenses, including attorney’s fees that the University may pay or incur by reason of any infringement or violation of the rights occurring to any holder of c...
Contractor Representations Warranties and Covenants. The Contractor represents, warrants and covenants to Oroplata that: (a) the Contractor and the Contractor’s Personnel have (and, during the term of the Services, shall always have) the necessary skills and experience to perform the Services in accordance with Oroplata’s requirements; (b) all Work Product and Contractor Background IP, and the exploitation of the Work Product and Contractor Background IP by Oroplata or Oroplata’s licensees, shall not violate or infringe any of the rights (including Intellectual Property Rights) of any third party; (c) all Key Individuals are employees of the Contractor, except as otherwise agreed to in writing; (d) the Contractor shall, and shall cause the Contractor’s Personnel to: (i) comply with Section 2, 5 and all applicable laws when providing the Services (including, without limitation, all environmental, occupational health and safety and anti-corruption and anti- bribery laws); (ii) perform the Services in a professional manner in accordance with at least the generally accepted standards of prudence in the Contractor’s industry and shall use only legitimate and ethical business practices in its commercial operations and in its dealings with government agencies; (iii) upon at least two (2) days’ notice, provide Oroplata with access to the Contractor’s Premises and records and other requested information so that Oroplata can inspect or audit the Contractor’s activities and documents to verify the Contractor’s compliance hereunder; obligaciones a medida que se venzan; o al declararse en quiebra o insolvente, se beneficia de cualquier ley vigente para el deudor insolvente o en quiebra; o busque, consiente o acceda en el nombramiento de cualquier fiduciario, receptor o liquidador de su negocio o sus activos. 15. Finalización por conveniencia. Oroplata también puede, a su sola discreción, terminar los Servicios en cualquier momento mediante notificación por escrito con treinta (30) xxxx de anticipación.
Contractor Representations Warranties and Covenants
