Common use of Merchant’s Representations and Warranties Clause in Contracts

Merchant’s Representations and Warranties. Merchant represents and warrants to Forte that: 10.2.1 Merchant’s agreement to license Forte's products and services and to engage Xxxxx to perform the Services hereunder does not violate any agreement or obligation between Merchant and any third party. 10.2.2 To the best of Xxxxxxxx’s knowledge, neither any information delivered by Xxxxxxxx to Forte in support of the Agreement nor Xxxxxxxx’s performance of its obligations hereunder will infringe on any copyright, patent, trade secret or other proprietary right held by any third party. 10.2.3 None of the activities for which Xxxxxxxx has engaged the services of Forte shall violate any international, federal, state, or local law or regulation. Neither Merchant nor any of its affiliates will use the Forte products and/or services for (i) any unlawful, fraudulent, libelous, defamatory, threatening, abusive or otherwise objectionable usage of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations. 10.2.4 When executed and delivered by Xxxxxxxx, the agreement with Forte will constitute the legal, valid, and binding obligation of Merchant, enforceable in accordance with its terms. 10.2.5 If applicable, Merchant represents and warrants that with respect to all ACH Transactions originated by Xxxxx on behalf of Merchant that (i) each Receiver has authorized the debiting and/or crediting of its account (ii) each Transaction is for an amount agreed by the Receiver and (iii) each Transaction is in all other respects properly authorized (iv) Merchant shall provide proof of authorization for any Transaction to Forte upon request within five (5) Business Banking Days. 10.2.6 Merchant agrees to adhere to the several warranties specific to each SEC Code as set forth in the ACH Operating Rules, a copy of which may be purchased through Forte or is available from your local Regional Payments Association or NACHA.

Merchant’s Representations and Warranties. Xxxxxxxx understands and agrees that XXXX’s ODFI is a third party beneficiary of Xxxxxxxx’s representations and warranties herein. Merchant represents and warrants to Forte ACHD that: 10.2.1 1) Merchant’s agreement to license Forte's ACHD’s products and services and to engage Xxxxx ACHD to perform the Services hereunder does not violate any agreement or obligation between Merchant and any third party. 10.2.2 2) To the best of Xxxxxxxx’s knowledge, neither any information delivered by Xxxxxxxx to Forte ACHD in support of the Agreement MSAA and these Terms and Conditions nor Xxxxxxxx’s 's performance of its obligations hereunder will infringe on any copyright, patent, trade secret or other proprietary right held by any third party. 10.2.3 3) None of the activities for which Xxxxxxxx has engaged the services of Forte ACHD shall violate any international, federal, state, or local law or regulationregulation relating to individual privacy. Neither Merchant nor any of its affiliates will use the Forte ACHD products and/or services for (i) any unlawful, fraudulent, libelous, defamatory, threatening, abusive or otherwise objectionable usage of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations. 10.2.4 4) When executed and delivered by Xxxxxxxx, the agreement with Forte ACHD will constitute the legal, valid, and binding obligation of Merchant, enforceable in accordance with its terms. 10.2.5 5) If applicable, Merchant represents and warrants that with respect to all ACH Transactions originated by Xxxxx ACHD on behalf of Merchant that (i) each Receiver has authorized the debiting and/or crediting of its account (ii) each Transaction is for an amount agreed by the Receiver and (iii) each Transaction is in all other respects properly authorized (iv) Merchant shall provide proof of authorization for any Transaction to Forte ACHD upon request within five (5) Business Banking Days. 10.2.6 Merchant agrees to adhere to the several warranties specific to each SEC Code as set forth in the ACH Operating Rules, a copy of which may be purchased through Forte or is available from your local Regional Payments Association or NACHA.

Merchant’s Representations and Warranties. Merchant represents and warrants to Forte FORTE that: 10.2.1 7.2.1 Merchant’s agreement to license Forte's FORTE’s products and services and to engage Xxxxx FORTE to perform the Services hereunder does not violate any agreement or obligation between Merchant and any third party. 10.2.2 7.2.2 To the best of Xxxxxxxx’s knowledge, neither any information delivered by Xxxxxxxx to Forte FORTE in support of the Agreement nor Xxxxxxxx’s performance of its obligations hereunder will infringe on any copyright, patent, trade secret or other proprietary right held by any third party. 10.2.3 7.2.3 None of the activities for which Xxxxxxxx has engaged the services of Forte FORTE shall violate any international, federal, state, or local law or regulationLaws. Neither Merchant nor any of its affiliates will use the Forte FORTE products and/or services for (i) any unlawful, fraudulent, libelous, defamatory, threatening, abusive or otherwise objectionable usage of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulationsliability. 10.2.4 7.2.4 When executed and delivered by Xxxxxxxx, the agreement Agreement with Forte FORTE will constitute the legal, valid, and binding obligation of Merchant, enforceable in accordance with its terms. 10.2.5 7.2.5 If applicable, Merchant represents and warrants that with respect to all ACH Transactions originated by Xxxxx FORTE on behalf of Merchant that (i) each Receiver Transaction in all respects has been properly authorized the debiting and/or crediting of its account by Receiver; (ii) each Transaction is for an amount agreed to by the Receiver and and; (iii) each Transaction is in all other respects properly authorized (iv) Merchant shall provide proof of authorization in compliance with applicable Rules for any Transaction to Forte FORTE upon request within five (5) Business Banking Days. 10.2.6 Merchant 7.2.6 Xxxxxxxx agrees to adhere to the several warranties specific to within the applicable Rules for each SEC Code as set forth in the ACH Operating Rules, a copy of which may be purchased through Forte or is available from your local Regional Payments Association or NACHATransaction FORTE processes on Xxxxxxxx’s behalf.

Merchant’s Representations and Warranties. Merchant represents and warrants to Forte FORTE that: 10.2.1 7.2.1 Merchant’s agreement to license Forte's FORTE’s products and services and to engage Xxxxx FORTE to perform the Services hereunder does not violate any agreement or obligation between Merchant and any third party. 10.2.2 7.2.2 To the best of XxxxxxxxMerchant’s knowledge, neither any information delivered by Xxxxxxxx Merchant to Forte FORTE in support of the Agreement nor XxxxxxxxMerchant’s performance of its obligations hereunder will infringe on any copyright, patent, trade secret or other proprietary right held by any third party. 10.2.3 7.2.3 None of the activities for which Xxxxxxxx Merchant has engaged the services of Forte FORTE shall violate any international, federal, state, or local law or regulationLaws. Neither Merchant nor any of its affiliates will use the Forte FORTE products and/or services for (i) any unlawful, fraudulent, libelous, defamatory, threatening, abusive or otherwise objectionable usage of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulationsliability. 10.2.4 7.2.4 When executed and delivered by XxxxxxxxMerchant, the agreement Agreement with Forte FORTE will constitute the legal, valid, and binding obligation of Merchant, enforceable in accordance with its terms. 10.2.5 7.2.5 If applicable, Merchant represents and warrants that with respect to all ACH Transactions originated by Xxxxx FORTE on behalf of Merchant that (i) each Receiver Transaction in all respects has been properly authorized the debiting and/or crediting of its account by Receiver; (ii) each Transaction is for an amount agreed to by the Receiver and and; (iii) each Transaction is in all other respects properly authorized (iv) Merchant shall provide proof of authorization in compliance with applicable Rules for any Transaction to Forte FORTE upon request within five (5) Business Banking Days. 10.2.6 7.2.6 Merchant agrees to adhere to the several warranties specific to within the applicable Rules for each SEC Code as set forth in the ACH Operating Rules, a copy of which may be purchased through Forte or is available from your local Regional Payments Association or NACHATransaction FORTE processes on Merchant’s behalf.