Common use of GENERAL OBLIGATIONS & WARRANTIES Clause in Contracts

GENERAL OBLIGATIONS & WARRANTIES. 12.1 Each Service Provider warrants (and where relevant undertakes) to the Client that: 12.1.1 it has full power and authority and all necessary consents to enter into and to perform its obligations under this Framework Agreement and any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.2 no litigation, arbitration, adjudication, dispute or administrative proceeding has been commenced, is pending or to its knowledge is threatened against the Service Provider, and no judgment or award has been given or made or is pending against it, which: (i) in any way questions its power or authority to enter into or perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; or (ii) may have a material adverse effect on its ability to perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.3 all information, representations and other matters of fact communicated in writing to the Client or to its agents, advisers or employees, by or on behalf of the Service Provider, in its pre-qualification questionnaire or tender submission, or otherwise in respect of this Framework Agreement, were when given and remain, as at the date of this Framework Agreement, true, complete and accurate in all material respects (save to the extent that they have been superseded by subsequent communications in writing to the Client or the relevant agents, advisers or employees); and 12.1.4 every consent, authorisation, certificate, licence, or approval of, or registration with, or declaration to, any Relevant Authority required to authorise, or required in connection with the execution, delivery, validity, enforceability or admissibility in evidence of, this Framework Agreement or the performance by the Service Provider of its obligations under this Framework Agreement has been or will within any applicable period be obtained or made and is, or will when obtained be, in full force and effect, and there has been no material default in the observance of the conditions or restrictions (if any) imposed in, or in connection with, any of them. 12.2 The rights and remedies of the Client in relation to any misrepresentation or breach of warranty (or other provision of this Framework Agreement) on the part of the Service Provider shall not be prejudiced by any investigation by or on behalf of the Client into the affairs of the Service Provider, by the performance of this Framework Agreement or by any other act or thing which may be done or omitted to be done by the Client under this Framework Agreement and which would or might, but for this Clause 12.2, prejudice such rights and remedies.

GENERAL OBLIGATIONS & WARRANTIES. 12.1 Each Service Provider warrants (and where relevant undertakes) to the Client that: 12.1.1 it has full power and authority and all necessary consents to enter into and to perform its obligations under this Framework Agreement and any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.2 no litigation, arbitration, adjudication, dispute or administrative proceeding has been commenced, is pending or to its knowledge is threatened against the Service Provider, and no judgment or award has been given or made or is pending against it, which: (i) in any way questions its power or authority to enter into or perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; or (ii) may have a material adverse effect on its ability to perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.3 all information, representations and other matters of fact communicated in writing to the Client or to its agents, advisers or employees, by or on behalf of the Service Provider, in its pre-qualification selection questionnaire or tender submissionsubmission for the Framework Agreement, or otherwise in respect of this Framework Agreement, were when given and remain, as at the date of this Framework Agreement, true, complete and accurate in all material respects (save to the extent that they have been superseded by subsequent communications in writing to the Client or the relevant agents, advisers or employees); and 12.1.4 every consent, authorisation, certificate, licence, or approval of, or registration with, or declaration to, any Relevant Authority required to authorise, or required in connection with the execution, delivery, validity, enforceability or admissibility in evidence of, this Framework Agreement or the performance by the Service Provider of its obligations under this Framework Agreement has been or will within any applicable period be obtained or made and is, or will when obtained be, in full force and effect, and there has been no material default in the observance of the conditions or restrictions (if any) imposed in, or in connection with, any of them. 12.2 The rights and remedies of the Client in relation to any misrepresentation or breach of warranty (or other provision of this Framework Agreement) on the part of the Service Provider shall not be prejudiced by any investigation by or on behalf of the Client into the affairs of the Service Provider, by the performance of this Framework Agreement or by any other act or thing which may be done or omitted to be done by the Client under this Framework Agreement and which would or might, but for this Clause 12.2, prejudice such rights and remedies.

GENERAL OBLIGATIONS & WARRANTIES. 12.1 Each Service Provider warrants (and where relevant undertakes) to the Client that: 12.1.1 it has full power and authority and all necessary consents to enter into and to perform its obligations under this Framework Agreement and any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.2 no litigation, arbitration, adjudication, dispute or administrative proceeding has been commenced, is pending or to its knowledge is threatened against the Service Provider, and no judgment or award has been given or made or is pending against it, which: (i) in any way questions its power or authority to enter into or perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; or (ii) may have a material adverse effect on its ability to perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.3 all information, representations and other matters of fact communicated in writing to the Client or to its agents, advisers or employees, by or on behalf of the Service Provider, in its pre-pre qualification questionnaire or tender submission, or otherwise in respect of this Framework Agreement, were when given and remain, as at the date of this Framework Agreement, true, complete and accurate in all material respects (save to the extent that they have been superseded by subsequent communications in writing to the Client or the relevant agents, advisers or employees); and 12.1.4 every consent, authorisation, certificate, licence, or approval of, or registration with, or declaration to, any Relevant Authority required to authorise, or required in connection with the execution, delivery, validity, enforceability or admissibility in evidence of, this Framework Agreement or the performance by the Service Provider of its obligations under this Framework Agreement has been or will within any applicable period be obtained or made and is, or will when obtained be, in full force and effect, and there has been no material default in the observance of the conditions or restrictions (if any) imposed in, or in connection with, any of them. 12.2 The rights and remedies of the Client in relation to any misrepresentation or breach of warranty (or other provision of this Framework Agreement) on the part of the Service Provider shall not be prejudiced by any investigation by or on behalf of the Client into the affairs of the Service Provider, by the performance of this Framework Agreement or by any other act or thing which may be done or omitted to be done by the Client under this Framework Agreement and which would or might, but for this Clause 12.2, prejudice such rights and remedies.

GENERAL OBLIGATIONS & WARRANTIES. 12.1 The Authority warrants to the Consultants that it has full power and authority to enter into this Framework Agreement. 12.2 Each Service Provider Consultant warrants (and where relevant undertakes) to the Client Authority that: 12.1.1 12.2.1 it has full power and authority and all necessary consents to enter into and to perform its obligations under this Framework Agreement and any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.2 12.2.2 no litigation, arbitration, adjudication, dispute or administrative proceeding has been commenced, is pending or to its knowledge is threatened against the Service ProviderConsultant, and no judgment or award has been given or made or is pending against it, which: (i) in any way questions its power or authority to enter into or perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; or (ii) may have a material adverse effect on its ability to perform its obligations under this Framework Agreement or any other agreements to which it is a party and which are to be entered into under or in connection with this Framework Agreement; 12.1.3 12.2.3 all information, representations and other matters of fact communicated in writing to the Client Authority or to its agents, advisers or employees, by or on behalf of the Service ProviderConsultant, in its pre-pre qualification questionnaire or tender submission, or otherwise in respect of this Framework Agreement, were when given and remain, as at the date of this Framework Agreement, true, complete and accurate in all material respects (save to the extent that they have been superseded by subsequent communications in writing to the Client Authority or the relevant agents, advisers or employees); and 12.1.4 12.2.4 every consent, authorisation, certificate, licence, or approval of, or registration with, or declaration to, any Relevant Authority required to authorise, or required in connection with the execution, delivery, validity, enforceability or admissibility in evidence of, this Framework Agreement or the performance by the Service Provider Consultant of its obligations under this Framework Agreement has been or will within any applicable period be obtained or made and is, or will when obtained be, in full force and effect, and there has been no material default in the observance of the conditions or restrictions (if any) imposed in, or in connection with, any of them. 12.2 12.3 The rights and remedies of the Client Authority in relation to any misrepresentation or breach of warranty (or other provision of this Framework Agreement) on the part of the Service Provider Consultant shall not be prejudiced by any investigation by or on behalf of the Client Authority into the affairs of the Service ProviderConsultant, by the performance of this Framework Agreement or by any other act or thing which may be done or omitted to be done by the Client Authority under this Framework Agreement and which would or might, but for this Clause 12.2clause 12.3, prejudice such rights and remedies.