Developer Representations. All representations and warranties made by the Developer in this Agreement shall be true and correct as of the date of this Agreement and the Close of Escrow subject to the Developer’s right to modify its representations as set forth in Section 206 below.
Developer Representations. The Developer hereby represents as follows:
Developer Representations. Developer represents and warrants that all assignments (if any) of the right to Refund to a third party has been presented to the Utilities Commission, and the Developer has not assigned the right to the Refund to a third party without the approval of such assignment by the Utilities Commission.
Developer Representations. By submitting a substitution request, Developer is representing to City all of the following: (i) Developer has investigated the proposed product and determined that in all respects the proposed product meets or exceeds the specified product; (ii) Developer is providing the same or better warranty for the proposed product as was available for the specified product; (iii) Developer shall coordinate installation and make any other necessary modifications which may be required for work to be complete in all respects, and make any other necessary modifications which may be required for work to be complete in all respects; and (iv) Developer shall waive any claims for additional costs related to the substituted product.
Developer Representations. Developer represents and warrants to the City that:
Developer Representations. Developer represents to Distributor that it has full right and authority to enter into this Agreement. This Agreement and Developer's performance hereunder, do not conflict with or cause a breach under any agreement, license or other instrument, or law, rule, order or regulation to which the Developer is bound or subject. Developer further represents to Distributor that it has good and valid title to the Software code and to grant the License, free and clear of any claims, encumbrance, rights and obligations.
Developer Representations. The Developer represents and warrants that:
Developer Representations. Developer hereby represents, warrants, and covenants to the Town as follows:
Developer Representations. Developer represents and warrants to Delano as follows:
Developer Representations. The Developer represents and warrants to the Client that (i) it will perform all Services in a professional and workmanlike manner in accordance with generally recognized and commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience, and qualifications, and shall devote adequate resources to meet its obligations under this Agreement, (ii) it is in compliance with, and will perform all Services in compliance with, all applicable laws, (iii) the Client will receive good and valid title to all Work Product, free and clear of all encumbrances and liens of any kind, (iv) when delivered, no Software Deliverable will contain any Harmful Code, (v) all Work Product, including all updates, upgrades, new versions, new releases, enhancements, improvements, and other modifications thereof, but excluding Client Materials, and Approved Third-Party Materials, is or will be the original creation of Developer, and (vi) as delivered, installed, specified, or approved by Developer and used by the Client or any third party authorized by the Client, the Work Product (A) will not infringe, misappropriate, or otherwise violate any Intellectual Property right or other right of any third party, and (B) will comply with all applicable Laws.
