Customer’s Covenants. As a material inducement to Provider’s execution of this Agreement, Customer covenants and agrees as follows:
Customer’s Covenants. Customer covenants and agrees as follows:
Customer’s Covenants. The Customer agrees with Encore Monitoring that:
(a) the Equipment shall remain the property of Encore Monitoring and the Customer is only a bailee of the Equipment on the terms and conditions set out in this Rental Agreement;
(b) the Customer shall not sell, charge, pledge or part with possession of the Equipment;
(c) the Customer shall keep the Equipment at the delivery address specified in the Rental Agreement unless prior written permission has been obtained from Encore Monitoring to relocate the Equipment elsewhere;
(d) the Customer shall use the Equipment in a careful and proper manner and not interfere or tamper with or let anyone else do so;
(e) the Customer shall notify Encore Monitoring immediately if any judgment or order is levied against the Customer or property of the Customer or if a petition is presented for the liquidation of the Customer or an Administrator or Receiver is appointed or a scheme of arrangement is proposed:
(f) the Customer shall permit Encore Monitoring its agents or servants to enter the premises where Equipment is located at all reasonable times in order to inspect the Equipment or carry out repairs to the Equipment;
(g) the Customer requires and will utilize the Equipment for its business purposes;
(h) the Customer shall keep the Equipment in a safe and proper location;
(i) the Customer shall not alter or modify the Equipment without the prior written consent from Encore Monitoring;
(j) the Equipment shall at all times, whilst in the care, custody or control of the Customer, be at the risk of the Customer;
(k) The Customer accepts full responsibility for all equipment rented, including its use in accordance with any operating instructions provided or Government Regulations. Where the Customer is using communications frequencies that are licensed or arranged by Encore Monitoring these frequencies are for use only on the dates, at the places and during the times expressed on this Rental Agreement. Use of the frequencies outside the dates, places and times indicated may result in fines from relevant licensing authority which are all payable by the Customer;
(l) The Customer will in respect of the Equipment comply with all State, Territory and Federal Laws; and
(m) The Equipment when returned to Encore Monitoring will not have any information contained in or associated with it which would if received by Encore Monitoring or any other person be in breach of State, Territory or Federal privacy laws.
(n) The Customer will in re...
Customer’s Covenants. Customer agrees to fully defend, indemnify and hold SABINE and its Affiliates harmless against all Encumbrances and Liabilities relating to such Encumbrances (collectively, “Claims”) regarding Customer’s Inventory, including Claims brought by Other Customers, other than any Claims caused by SABINE’s acts or omissions. For purposes of this Section 9.2(a), the term “Encumbrance” shall include any mortgage, pledge, lien, charge, adverse claim, proprietary right, assignment by way of security, security interest, title retention, preferential right or trust arrangement or any other security agreement or arrangement having the effect of security.
Customer’s Covenants. A. The following applies to Customers that are approved by NIKE in writing to sell Product at one or more physical Stores (a “brick and mortar” store). STORES – Except as expressly permitted in Section 6.B and/or 6.C below, or when otherwise approved by NIKE in writing, Customer will not:
(a) sell Product under any store name or at any physical Store other than under the store name and at the particular physical store identified in this Credit Application (Exhibit B) or, in the case of multiple Stores, at the location to which the Product was shipped (assuming it was an approved location); or
(b) sell Product other than to retail consumers physically present at such Store who are purchasing for their personal use and not for resale; or
(c) accept orders or sell Product through the Internet, e-mail, mobile applications, or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized Store so long as Customer complies with Section 9 below. Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product.
B. The following applies if NIKE has indicated in the Account Agreement, or in another writing signed by an authorized representative of NIKE, that Customer is approved to sell Product through digital Stores (as defined below).
Customer’s Covenants. The Customer agrees with TR that:
Customer’s Covenants. 7.1 In connection to this Service, Customer will not use this Service:
7.2 To submit fraudulent order, false, inaccurate, misleading, defamatory, or libelous information;
7.3 To export the unit purchased except in compliance with the export control laws of relevant jurisdictions and in accordance with posted rules and restrictions.
7.4 In the event Samsung suspects or discovers that the Customer is abusing this Service and/or Samsung in any of the ways mentioned above or otherwise, Samsung may, at our sole discretion:
a) Take necessary steps to prevent and mitigate such abuse such as limiting, suspending, or terminating the Customer's eligibility for the Service and access to this Service; or
b) Delaying or removing hosted content, removing any special status associated with Customer account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent Customer from using the Service.
Customer’s Covenants. 6.1 The Customer shall not Use the Services in any way, which may contravene, infringe, or violate any applicable laws, rules and/or regulations. The Customer shall at all times, fully comply and observe with MAJLIS BANDARAYA SUBANG JAYA 's Services Regulations and other rules, regulations, procedures, directives or memorandum or terms and conditions that is applicable to the provision of and/or Use of the Services, which are issued by MAJLIS BANDARAYA SUBANG JAYA from time to time.
6.2 In the event that the Customer's Use of the Services or interaction with the Internet or third parties is causing harm or threatens to harm MAJLIS BANDARAYA SUBANG JAYA 's network or its operations, MAJLIS BANDARAYA SUBANG JAYA shall have the right to refuse the Services with immediate effect.
6.3 The Customer undertakes, covenants and warrants:-
(a) that if it is a corporate body, it has the corporate power to enter into and perform its obligations under this Agreement and has taken all necessary corporate actions to authorize the entry into and performance of this Agreement;
(b) to comply with all notices and instructions issued, given or notified by MAJLIS PERBANDARAN SUBANG JAYA, from time to time in respect of the Use of the Services;
(c) to comply with the rules of any network through which the Customer gains access to the Service;
(d) to be solely responsible for all information and/or data retrieved, stored or transmitted by the Customer through the Use of the Services;
(e) to ensure that in Using the Service, all applicable laws, rules and regulations for the use of any communications systems, service or equipment shall be complied with at all times; and
(f) to fully co-operate at all times in any investigation on the wrongful Use of the Services. In the event of failure by the Customer to co-operate, MAJLIS BANDARAYA SUBANG JAYA shall have the right to refuse further Use of the Services to the Customer.
Customer’s Covenants. A. The following applies to Customers that are approved to sell Product at one or more physical store locations (a “brick and mortar” store). STORES – Except as expressly permitted in subsection 6.B and/or 6.C below, or when otherwise approved by FLIPBELT in writing, Customer will not (a) sell Product under any store name or at any physical store location other than under the store name and at the particular physical store identified in this Credit Application or, in the case of multiple store locations, at the location to which the Product was shipped (assuming it was an approved location); (b) sell Product other than to retail consumers physically present at such store location who are purchasing for their personal use and not for resale; or (c) accept orders or sell Product through the Internet, e-mail or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized store location so long as Customer complies with Section 9 below. Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product.
B. The following applies to Customers that are approved to sell Product on a website. INTERNET SALES –Customer is authorized to sell Product to consumers via the Internet only from the website or websites identified in the Application or otherwise approved by FLIPBELT in writing (the "Authorized Website(s)") and to deliver that Product only to consumers with mailing addresses in the approved country, its territories and possessions.
(a) The Authorized Website(s) will not be co-branded with the name or other trademarks of any other person or entity.
(b) The Authorized Website(s) will not link to, or provide data feeds to, any transactional website, or permit any transactional website to link to the Authorized Website(s). For purposes of this Section 6B(b), a “transactional website” means a shopping portal, online marketplace, or other site which either (i) is capable of accepting orders from consumers, or (ii) creates the perception that orders are accepted on the site, even if the consumers are in fact redirected to other websites for order placement. The term “transactional website” excludes websites which aggregate images and information about merchandise without conducting sales transactions.
(c) Customer will not (i) pe...
Customer’s Covenants. A. The Customer covenants that, at the Secured Party’s reasonable request, it will promptly cooperate with the Secured Party to take any action that the Secured Party reasonably requests to enable the Secured Party to: (i) sell, assign, transfer, or dispose of any item in the Account; (ii) otherwise secure the payment of Advances, as defined in the Advances Agreement; or (c) carry out the provisions of this Agreement.
B. The Customer covenants, represents, and warrants that once assets are delivered to the Account, no entity will have a security interest that is superior to the Bank’s, and no third-party shall have, or be granted, control of the Account or the Pledged Assets.
C. The Customer covenants, represents, and warrants that it has granted, or is hereby granting, the Secured Party a security interest in the Account and any Pledged Assets held therein from time to time.
