Customer Warranties. Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.
Appears in 11 contracts
Samples: Machinery Sales Agreement, Power Sales Agreement, Machinery Sales Agreement
Customer Warranties. Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate., and
Appears in 8 contracts
Samples: Service Authorization Agreement, Customer Support Agreement, Service Authorization Agreement
Customer Warranties. Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, deliver and perform its obligations under this AgreementSubscription; (iii) when duly executed and delivered by each Party, the Agreement this Subscription will constitute Customer’s legal, valid, valid and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement this Subscription are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement Subscription is or was in the ordinary course of its business or financial affairs, ; and (vii) it is the owner of all information supplied by Intellectual Property Rights in the Customer is complete and accurateData.
Appears in 4 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
Customer Warranties. Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, deliver and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the this Agreement will constitute Customer’s legal, valid, valid and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the this Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; and (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.
Appears in 2 contracts
Samples: Engagement Letter, Training Agreement