Financial Warranty. The Contractor shall not use the State of Indiana's Market Basket pricing, as listed in Exhibit A, to negotiate lower prices on existing or new contracts ("Competing Contracts") with entities that are Ordering Agencies, as defined in Section 1(A) of this Contract. If the Contractor executes Competing Contracts that include any Market Basket item contracted hereunder to an Ordering Agency, and the Market Basket item is provided at a price lower than that which is charged under this Contract, the lower price per item shall be effective from the date the Competing Contract was executed. In addition to the State's new Contract price per Market Basket item, which resulted from the Competing Contract's lower price per Market Basket item, the Ordering Agency shall also be entitled to a credit for the difference between the amounts paid per Market Basket item, as listed in Exhibit A, and the Competing Contract's lower price per Market Basket item. The credit will be calculated based on the historical volume ordered by each Ordering Agency from the date the Competing Contract was executed to the date the vendor updates the Market Basket item prices in the eProcurement Punch-Out, as discussed in Section 1(G) of this Contract. It shall not be a violation of this section for the Contractor to respond to a bid, request for proposal, request for quotation, or similar public solicitation process ("Bid") from any Ordering Agency and to offer different prices for products not offered in this Contract's Market Basket, as listed in Exhibit A. Further, it shall not be a violation of this section for the Contractor to negotiate a local Market Basket ("Local Market Basket"), for any Ordering Agency, with the exclusion of State Agencies, to offer different prices for products not offered in the State Market Basket, as listed in Exhibit A. A Local Market Basket consists of State Market Basket items, priced as listed in Exhibit A, plus Non-Market Basket items. Non-Market Basket items included in the Local Market Basket shall not impact, alter or change the State's Non-Market Basket percent off list price, as referenced in Exhibit B of this Contract. It shall not be a violation to offer Market Basket item(s) to an Ordering Agency at a lower price if a onetime bulk purchase is made. However, for a one time bulk purchase to be made, prior written approval from the State Contract Manager is required.
Financial Warranty. Except as set forth on Schedule 10.8, Borrower (i) is paying its debts as they mature, (ii) owns property which, at a fair valuation, is greater than the sum of its debt, and (iii) has capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage. Except as set forth on Schedule 10.8, each Primary Obligor and each Material Portfolio Entity: (i) is paying its respective debts as they mature, (ii) owns property which, at a fair valuation, is greater than the sum of its debt and (iii) has capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage.
Financial Warranty. Contractor shall ensure that the prices, discounts, incentives, and other financial terms (collectively, the “financial deal”) applicable to purchases under this Contract is always at least as favorable to the purchaser as the financial deal that the Contractor or its affiliates make available during the term of this Contract to any public body in Virginia for the same Products(s)/Service(s) outside this Contract. For these purposes, the suite of Product(s)/Service(s) being offered by the Contractor to any particular public body in Virginia should be considered when determining if the Product(s)/Service(s) are the same as offered herein. This may include but not be limited to, for example, that the per gallon price of bulk motor fuel may be impacted by a public body’s opting to put other services in to place above and beyond the ongoing delivery of bulk motor fuel. Throughout the term of this Contract, if Contractor (or any affiliate) makes a better financial deal available to a public body in Virginia for any Products(s)/Service(s) available under this Contract, Contractor shall immediately notify the Commonwealth of the details and, at the Commonwealth’s option, sign an amendment to this Contract, so that an equivalent financial deal for the affected Products(s)/Service(s) is also available as an option under this Contract. Contractor may request exemption if the better financial deal was for a spot purchase, and the Commonwealth shall grant such request if the Commonwealth in good faith finds that the spot purchase involved special circumstances affecting cost that would make it unfair to apply an equivalent financial deal outside of that spot purchase. Upon the Commonwealth’s request (and annually), Contractor shall submit an affidavit certifying full compliance with this Section. The Contractor (and any affiliate) shall waive any contractual or other right that inhibits any public body in Virginia from disclosing to the Commonwealth or others the financial terms made available to the public body and upon request from the Commonwealth, Contractor shall ensure that a signed confirmation of the waiver is provided to the public body and the Commonwealth. As used in this Section, an affiliate is any entity that controls, is controlled by, or is under common control with, the Contractor.
Financial Warranty. Borrower: (i) is now, and at all times hereafter shall be generally paying its debts as they mature, (ii) now owns, and shall at all times hereafter own, property which, at a fair valuation, is greater than the sum of its debt, and (iii) now has, and shall have at all times hereafter, capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage.
Financial Warranty. Synetic will provide to Payer the financial warranty regarding the Prescription Communication Services as set forth in Schedule E. Payer agrees to provide Synetic with such information as is reasonably sufficient to enable Synetic to verify Payer's actual savings pursuant to Schedule E.
Financial Warranty. Bancorp represents and warrants that it has adequate liquidity to provide the funds necessary to consummate the transactions contemplated under this Agreement without dependence on any external sources of funds or financing. Notwithstanding the foregoing, Bancorp may, at its sole discretion, obtain the amount of the required funds through a private placement, public offering or other method.
Financial Warranty. The Guarantor (i) is paying its debts as they mature, (ii) owns property which, at a fair valuation, is greater than the sum of its debt, and (iii) has capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage.
Financial Warranty. 9.1. Warranty of compliance with labour and social security obligations.
9.1.1. In the case of labour-intensive Service Contracts, the Supplier must provide a warranty for compliance with labour and social security obligations, which will be calculated according to the number of workers of the Supplier who work in the Contract, for the number of years corresponding to the compensation, considering therein the month of notice and the duration of the Contract. The warranty slip must be renewed each year, considering the years of accumulated services of the workers associated with the Contract. The validity of the warranty must exceed the annual period of the Contract by at least six (6) months.
9.1.2. The warranty corresponding to the last year shall be returned at the end of the Contract, and when the Supplier presents all the settlements signed and ratified before a notary public, for all the workers who have performed the Contract signed with ENEL.
9.2. In the case of Service Contracts, the Supplier shall have the obligation to present only one of the warranties described above, namely the one of greater value when both are compared.
Financial Warranty. Except as set forth on Schedule 10.8, each Loan Party (i) is paying its debts as they mature, (ii) owns property which, at a fair valuation, is greater than the sum of its debt, and (iii) has capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage.
Financial Warranty. Except as set forth on Schedule 10.8, on the Amendment Effective Date Borrower and at all times thereafter (including, without limitation, at the time of and after giving effect to each Tranche I Bosque Loan) (i) is and shall be paying its debts as they mature, (ii) owns and shall own, property which, at a fair valuation, is greater than the sum of its debt, and (iii) has and shall have, capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage. Except as set forth on Schedule 10.8, on the Amendment Effective Date and at all times thereafter (including, without limitation, at the time of and after giving effect to each Tranche I Bosque Loan) each Primary Obligor, Mid-Tier Company and Secondary Obligor-Existing : (i) is and shall be paying its respective debts as they mature, (ii) owns and shall own, property which, at a fair valuation, is greater than the sum of its debt and (iii) has and shall have capital sufficient to carry on its business and transactions and all businesses and transactions in which it is about to engage.
