Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 11 contracts
Samples: Customer License and Subscription Agreement, Reseller Agreement, Oem and MSP Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such partyParty’s execution, deliveryexecution and delivery of the Order Form, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 6 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
Mutual Warranties. Each party represents and warrants to the other that: :
(a1) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; ;
(b2) no authorization authorisation or approval from any third party is required in connection with such party’s 's execution, delivery, or performance of this Agreement; and and
(c3) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 6 contracts
Samples: Erx Script Exchange Agreement, Access Agreement, Erx Script Exchange Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) that this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement such party’s obligations does not violate the any applicable laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or contracts by which it is otherwise bound.
Appears in 5 contracts
Samples: Master Customer Agreement, Master Customer Agreement, Master Customer Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of this Agreement; and (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 5 contracts
Samples: Master Service Agreement, Master Services Agreement, Docusign Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; , and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 4 contracts
Samples: Services Agreement, Cdo Services Agreement, Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound; and (d) it will comply with all applicable laws in connection with this Agreement including, for Customer, all applicable employment laws.
Appears in 4 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Mutual Warranties. Each party represents and warrants to the other that: (ai) it is validly existing under the laws of the state of its formation and has the full right, authority, capacity and ability to enter into this Agreement and to carry out its obligations hereunder; (ii) this Agreement has been duly executed is a legal and delivered valid obligation binding upon it and constitutes a valid and binding agreement enforceable against such party in accordance with according to its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, delivery, delivery and performance of this Agreement does not violate the laws of conflict with any jurisdiction agreement, instrument or the terms understanding, oral or conditions of any other agreement written, to which it is a party or by which it is otherwise bound.
Appears in 4 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; Agreement, (b) no authorization or approval from its performance under this Agreement will not conflict with any third obligation it may have to any other party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and it will comply with all Laws that apply to its performance of under this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundAgreement.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) this the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, or performance of this the Agreement; and (c) the execution, delivery, and performance of this the Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 4 contracts
Samples: Patient Records License Agreement (PaxMedica, Inc.), Patient Records License Agreement (PaxMedica, Inc.), Patient Records License Agreement (PaxMedica, Inc.)
Mutual Warranties. Each party Party represents and warrants to the other that: (a) it has the corporate power and authority and the legal right to enter into this Agreement has been duly executed and delivered to perform its obligations hereunder; and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or the execution and delivery of this Agreement and the performance of this Agreementits obligations hereunder do not conflict with or constitute a default under any of its contractual obligations; and (c) the executionwith respect to its Component Products and Reference Materials, delivery, and performance of this Agreement does to its current knowledge it has not violate the laws knowingly violated any Intellectual Property Rights of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundthird party.
Appears in 3 contracts
Samples: DSL Multi Protocol Dslam Agreement (Wintegra Inc), DSL Multi Protocol Dslam Agreement (Wintegra Inc), DSL Multi Protocol Dslam Agreement (Wintegra Inc)
Mutual Warranties. Each party represents and warrants to the other that: that (a) it has all necessary right, power and ability to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its termsobligations therein; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and , (c) the execution, delivery, and performance of this Agreement does constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party's obligations under this Agreement do not violate the laws of any jurisdiction law, policy or the terms regulation or conditions of breach any other agreement to which it such party is a party or by which it is otherwise bound.; and (e) it
Appears in 3 contracts
Samples: Payment Gateway Merchant Services Agreement, Merchant Services Agreement, Payment Gateway Merchant Services Agreement
Mutual Warranties. Each party Party warrants and represents and warrants to the other that: (a) this that the Agreement has been duly executed is a legal and delivered valid obligation binding upon such Party and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s . The execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this the Agreement by such Party does not violate the laws of conflict with any jurisdiction agreement, instrument or the terms understanding, oral or conditions of any other agreement written, to which it is a party or by which it is otherwise bound, nor to such Party’s knowledge, violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it.
Appears in 2 contracts
Samples: Financing Agreement (NeurogesX Inc), Distribution Agreement (NeurogesX Inc)
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) Party that the execution, delivery, delivery and performance of this Agreement does not violate the laws of and will not contravene or constitute a default under, and is not and will not be inconsistent with, any jurisdiction judgment decree or the terms order, or conditions of any contract, agreement or other agreement undertaking, applicable to which it is a party or by which it is otherwise boundsuch Party.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Mutual Warranties. Each party Party represents and warrants that (i) it has the full right, power and authority to the other that: (a) enter into this Agreement has been duly and perform its obligations hereunder; (ii) its execution, delivery and performance of this Agreement will not conflict with or result in a breach or other violation of any agreement or other third party obligation by which it is bound; (iii) when executed and delivered and constitutes a delivered, this Agreement will constitute its legal, valid and binding agreement obligation enforceable against such party it in accordance with its terms; and (biv) no authorization or approval from any third party is required it will comply with all applicable laws in connection with such party’s execution, delivery, or its performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Mutual Warranties. Each party Party hereby represents and warrants to the other that: (ai) that all corporate action on the part of the Party, its officers and directors, necessary for the authorization, execution and delivery of this Agreement and the performance of all obligations of such Party under this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreementtaken; and (cii) the execution, delivery, and performance of that entering into this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundobligation binding upon the Party.
Appears in 2 contracts
Samples: Pharmaceutical Manufacturing and Exclusive Supply Agreement, Pharmaceutical Manufacturing and Exclusive Supply Agreement (Nabriva Therapeutics PLC)
Mutual Warranties. Each party represents and warrants to the other that: (a) this :
8.1.1. the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) ;
8.1.2. no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this the Agreement; and (c) and
8.1.3. it shall comply with all applicable laws in connection with the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundits obligations arising hereunder.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed is legally binding upon it and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection it shall comply with such party’s executionall laws, delivery, or rules and regulations applicable to the exercise of its rights and performance of its obligations under this Agreement; and (c) it shall provide notice to End Users of all policies and practices that are relevant to their use of the execution, delivery, Service and performance any settings that may impact the processing of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundtheir personal data.
Appears in 2 contracts
Mutual Warranties. Each party represents and warrants to the other that: that (a) it has all necessary right, power and ability to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its termsobligations therein; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and , (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which constitutes a legal, valid and binding obligation, enforceable against it is a party or by which it is otherwise bound.in accordance with its terms,
Appears in 2 contracts
Samples: Payment Gateway Merchant Service Agreement, Payment Gateway Merchant Service Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly authorized, executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, delivery or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Box Service Agreement, Box Service Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) it has validly entered into this Agreement and that it has been duly executed the power and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termsauthority to do so; (b) no authorization or approval from any third party is required in connection with such partythe Party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.party
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Mutual Warranties. Each party represents and warrants to the other that: (ai) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (bii) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Mutual Warranties. Each party Party hereto represents and warrants that (i) it has the full right and power to the other that: (a) enter into and fully perform this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (cii) the execution, delivery, and performance of this Agreement does will not violate any rights granted by such Party to any third party or violate the laws provisions of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundviolate any applicable law or regulation, including those regarding export control.
Appears in 2 contracts
Samples: Master Software Subscription Agreement, Master Software Subscription Agreement
Mutual Warranties. Each party hereby represents and warrants to the other that: that (a) it has the capabilities necessary to perform its obligations under this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of neither this Agreement does not violate the laws nor any of its terms constitutes any jurisdiction conflict with any of its other obligations or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundagreements.
Appears in 2 contracts
Samples: Managed Services Provider Agreement, Distribution Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Service Subscription Agreement, Master Service Subscription Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of the Agreement; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance its execution of this the Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Terms and Conditions, Terms and Conditions
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such partyParty’s execution, deliveryexecution and delivery of the Service Order, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a1) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such the executing party in accordance with its terms; (b2) no authorization or approval from any third party is required in connection with such party’s the execution, delivery, or performance of this AgreementAgreement by the executing party; and (c3) the execution, delivery, and performance of this Agreement does by the executing party do not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Subscription Services Agreement, Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (ai) it is validly existing under the laws of the state of its formation and has the full right, authority, capacity and ability to enter into this Agreement and to carry out its obligations hereunder; (ii) this Agreement has been duly executed is a legal and delivered valid obligation binding upon it and constitutes a valid and binding agreement enforceable against such party in accordance with according to its terms; and (biii) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of conflict with any jurisdiction agreement, instrument or the terms understanding, oral or conditions of any other agreement written, to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 2 contracts
Samples: Cloud Agreement, Enterprise License Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this :
8.1.1. the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) ;
8.1.2. no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this the Agreement; and (c) and
8.1.3. it shall comply with all applicable laws in connection with the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundits obligations arising hereunder.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Mutual Warranties. Each party Party hereby represents and warrants to the other that: (a) this Agreement it has been duly executed full corporate power and delivered authority to enter into and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of perform this Agreement; , and (c) no contract, agreement, promise, undertaking or other fact or circumstance will prevent the execution, delivery, full execution and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which by it; and (b) it is a party duly organized and in good standing in the country or by which it is otherwise boundstate of its formation.
Appears in 2 contracts
Samples: Business Partnership Agreement (Orangehook, Inc.), Business Partnership Agreement (FilmOn.TV Networks Inc.)
Mutual Warranties. Each party represents and warrants to the other that: :
(ai) it has the full power and authority to enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its terms; obligations hereunder;
(b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (cii) the execution, delivery, execution and performance delivery of this Agreement does and the performance of its obligations do not violate the laws of any jurisdiction and will not conflict with or the terms or conditions result in a breach of any other agreement to which it is a party or by which it is otherwise bound; and
(iii) it shall comply with all laws and regulations applicable to its performance under this Agreement.
Appears in 1 contract
Samples: License Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.; and (d) it will comply with all applicable laws in connection with this Agreement including, for Customer, all applicable employment laws.
Appears in 1 contract
Samples: Terms and Conditions
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of the Agreement; and (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of the Agreement; and (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (ai) it has the full corporate authority and all necessary approvals to enter into this Agreement; (ii) this Agreement has been duly executed and delivered and constitutes a valid and agreement binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreementon it; and (ciii) the execution, delivery, entering into and performance of under this Agreement does will not violate the laws of any jurisdiction or the terms or conditions of conflict with any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Technology License Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)
Mutual Warranties. Each party Party represents and warrants to the other that: Party that (ai) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (bii) no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, delivery or performance of this Agreement; and (ciii) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Practice Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: :
(ai) it has full power and authority to enter into this Agreement, and to perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by the party and constitutes a valid and binding legally enforceable agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such of the party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, deliverythis Agreement is not limited or restricted by, and performance of this Agreement does is not violate the laws of in conflict with, any jurisdiction commercial arrangements, obligations, contract, agreement or the terms or conditions of any other agreement instrument to which it the representing party is a party either bound or by which it is otherwise boundsubject.
Appears in 1 contract
Samples: Reseller Service Agreement
Mutual Warranties. Each party represents and warrants to the other that: (ai) it has full power to enter into and perform its obligations under this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termsAgreement; (bii) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of it has obtained all necessary corporate approvals to enter into and execute this Agreement; and (ciii) the execution, delivery, and its performance of under this Agreement does not violate the laws of any jurisdiction or the terms or conditions of will not conflict with any other material agreement or obligation to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: (a1) this Agreement has been duly fully executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b2) no authorization or approval from any third party is required in connection with such party’s Party’s’ execution, delivery, or performance of this Agreement; and (c3) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Service Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s Party's execution, delivery, delivery or performance of this Agreement; and (c) Agreement except, with respect to Enterprise Customer, from VENDOR if the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.non-financial
Appears in 1 contract
Samples: Enterprise Customer Agreement
Mutual Warranties. Each party represents and warrants to the other that: (ai) this Agreement it has been duly executed the full right, power, legal capacity, and delivered authority to enter into, deliver and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of fully perform under this Agreement; and (cii) neither the execution, delivery, and nor performance of this Agreement does not violate the laws will result in a violation or breach of any jurisdiction contract, agreement, order, judgment, or the terms or conditions of any other agreement decree to which it such party is a bound; and (iii) such party acknowledges that the other party makes no representations, warranties or by which it is otherwise boundagreements related to the subject matter hereof that are not expressly provided for in this Agreement.
Appears in 1 contract
Samples: Publisher Network Agreement
Mutual Warranties. Each party represents and warrants to the other that: (ai) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such the executing party in accordance with its terms; (bii) no authorization or approval from any third party is required in connection with such party’s the execution, delivery, or performance of this AgreementAgreement by the executing party; and (ciii) the execution, delivery, and performance of it will fulfill its obligations under this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.in accordance with all applicable laws. Each Party further represents and
Appears in 1 contract
Samples: Software as a Service Agreement
Mutual Warranties. Each party Party represents and warrants to the other that it has the legal power and authority to enter into this Agreement, and that: (a) this Agreement has been duly authorized, executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) to the best of its knowledge, no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, delivery or performance of this Agreement; and (c) to the best of its knowledge, the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundlegally binding agreement.
Appears in 1 contract
Samples: Master Subscription Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is each Party has obtained all necessary authorizations and approvals required in connection with such party’s Party's execution, delivery, delivery or performance of this Agreement; Agreement and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Cloud Purchasing Program Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: that (ai) it has full right, power and authority to enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform all of its termsobligation hereunder; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (cii) the execution, delivery, delivery and performance of this Agreement does do not violate the laws and will not result in a breach of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it or any of its properties is otherwise bound; and (iii) when executed and delivered by it, this Agreement will constitute its legal, valid and binding obligation, enforceable against it in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) it has all necessary right, power and ability to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its termsobligations therein; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and , (c) the executionthis Agreement constitutes a legal, deliveryvalid and binding obligation, enforceable against it in accordance with its terms, and performance of (d) the party's obligations under this Agreement does do not violate the laws of any jurisdiction law or the terms or conditions of breach any other agreement to which it such party is a party or by which it is otherwise bound...
Appears in 1 contract
Samples: Developer Sandbox Account Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is it has the organizational authority required in connection with such party’s executionto execute, delivery, or performance of deliver and perform under this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Subscription Agreement
Mutual Warranties. Each party Party represents and warrants that (i) it has the full right, power and authority to the other that: (a) enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with perform its termsobligations hereunder; (bii) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does will not violate the laws conflict with or result in a breach or other violation of any jurisdiction agreement or the terms or conditions of any other agreement to which it is a third party or obligation by which it is otherwise bound.; (iii) when executed and delivered,
Appears in 1 contract
Samples: End User License Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such that party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such that party’s execution, delivery, or performance of this the Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: End User License Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termsit; (b) it has all rights and authority to enter into this Agreement and no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) during the execution, delivery, and performance term of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundwill comply with all applicable laws, rules, and regulations, including those governing privacy.
Appears in 1 contract
Samples: Data Services Agreement
Mutual Warranties. Each party Party hereby represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against Party that such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not and will not: (i) conflict with or violate the laws of any jurisdiction Applicable Laws or the terms governmental orders; or conditions of (ii) conflict with or require any consent under any contract, license, permit, franchise or other agreement to which it is a party or by which it is otherwise boundParty.
Appears in 1 contract
Samples: Software Subscription Agreement
Mutual Warranties. Each party represents The Parties each represent and warrants to the other warrant that: (a) the execution, delivery and performance of this Agreement has been duly executed authorized and delivered and constitutes a valid and binding agreement enforceable against such party nothing contained in accordance with its terms; (b) no authorization this Agreement or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions constitutes a breach of any other agreement contract or obligation; and (b) to which its knowledge, it is a party or by which it is otherwise boundin compliance with all applicable laws, rules, and regulations as they apply to such Party in connection with the services provided under this Agreement.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: :
(a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termshas the full right, power and authority to enter into this Agreement; and
(b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance 's acceptance of this Agreement; and (c) the execution, delivery, and as well as such party's performance of the obligations set forth in this Agreement Agreement, does not and will not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it such party is a party or by which it is otherwise boundparty.
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: (a1) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such the executing party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.;
Appears in 1 contract
Samples: Service Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) it has all necessary right, power and ability to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its termsobligations therein; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and , (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which constitutes a legal, valid and binding obligation, enforceable against it is a party or by which it is otherwise bound.in accordance with its terms, and
Appears in 1 contract
Samples: Transaction Services Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of this Agreement; (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, delivery or performance of this the Agreement; and (c) the execution, delivery, it is duly organized and performance of this Agreement does not violate validly existing under the laws of any jurisdiction the state of its incorporation or formation and has full power and authority to enter into the terms or conditions of any other agreement Agreement and to which it is a party or by which it is otherwise boundcarry out the provisions hereto.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes constitute a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization authorisation or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: End User Terms and Conditions
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, deliveryexecution and delivery of the Service Order, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Services Agreements
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Developer Sandbox Instance Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) Party that the execution, delivery, and performance of this Agreement does not violate the laws of and will not contravene or constitute a default under, and is not and will not be inconsistent with, any jurisdiction judgment decree or the terms order, or conditions of any contract, agreement, or other agreement undertaking, applicable to which it is a party or by which it is otherwise boundsuch Party.
Appears in 1 contract
Samples: Platform Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; terms and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Subscription Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (ai) it is validly existing under the laws of the state of its formation and has the full right, authority, capacity and ability to enter into this Agreement and to carry out its obligations hereunder; (ii) this Agreement has been duly executed is a legal and delivered valid obligation binding upon it and constitutes a valid and binding agreement enforceable against such party in accordance with according to its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, delivery, delivery and performance of this Agreement does not violate the laws of conflict with any jurisdiction agreement, instrument or the terms understanding, oral or conditions of any other agreement written, to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party Party represents and warrants that (i) it has the full right, power, and authority to the other that: (a) enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with perform its termsobligations hereunder; (bii) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the its execution, delivery, and performance of this Agreement does will not violate the laws conflict with or result in a breach or other violation of any jurisdiction agreement or the terms or conditions of any other agreement to which it is a third party or obligation by which it is otherwise bound; (iii) when accepted electronically or otherwise, this Agreement will constitute a legal, valid, and binding obligation enforceable against it in accordance with its terms; and (iv) it will comply with all applicable laws in its performance of this Agreement.
Appears in 1 contract
Samples: Cloud Terms and Conditions
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) it has obtained all authorization(s) and Consents necessary to fully perform this Agreement, (b) it has the right to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party act in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, execution and performance of this Agreement does are within its respective corporate powers, have been duly authorized by all necessary corporate action, do not require any consent of or filing with any third party or governmental body or agency, and do not violate the laws of any jurisdiction applicable law, agreement, judgment, order, or the terms like or conditions of any other agreement to which it is a party its charter or by which it is otherwise boundby-laws.
Appears in 1 contract
Samples: Master Services Agreement (TIAA-CREF Life Insurance CO)
Mutual Warranties. Each party represents and Party hereby warrants to the other that: that (a) it has the full right and authority to enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termsAgreement; and
(b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or the performance of this Agreement; its obligations and (c) the execution, delivery, and performance of duties under this Agreement does not violate the laws of any jurisdiction conflict with or the terms or conditions result in a breach of any other agreement to which it is a party of such Party or any judgment, order, or decree by which it such Party is otherwise bound.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: Party that (ai) it has the authority to en- ter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with perform its termsobligations hereunder; (bii) no authorization or approval from the Agreement does not conflict with any third party is required in connection with such party’s execution, delivery, or performance of this Agreementother agreement entered into by it; and (ciii) the execution, delivery, and performance of this Agreement it does not violate the laws of conduct business for any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundunlawful purpose.
Appears in 1 contract
Samples: Terms and Conditions
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement obligation and is enforceable against such party it in accordance with its terms; the terms of this Agreement and (b) no authorization or approval from any third party is required it will comply with all applicable laws in connection with such party’s execution, delivery, or performance of carrying out its obligations and exercising its rights under this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Master Software Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) it has all necessary right, power and ability to execute this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its termsobligations therein; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, delivery or performance of this Agreement; and , (c) the execution, delivery, and performance of this Agreement does constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party's obligations under this Agreement do not violate the laws of any jurisdiction law or the terms or conditions of breach any other agreement to which it such party is a party or by which it is otherwise bound.; and
Appears in 1 contract
Samples: Merchant Service Agreement
Mutual Warranties. Each party hereby represents and warrants to the other that: as follows:
(a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, delivery and performance of this Agreement does not violate by such Party has been duly authorized by all requisite corporate action;
(b) it has the laws of any jurisdiction or the terms or conditions of any other agreement full right, power and authority to which it is a party or by which it is otherwise boundexecute and deliver this Agreement and to perform its obligations hereunder.
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: (ai) it has full power and authority to enter into this Agreement, and to perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by the party and constitutes a valid and binding legally enforceable agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such of the party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, deliverythis Agreement is not limited or restricted by, and performance of this Agreement does is not violate the laws of in conflict with, any jurisdiction commercial arrangements, obligations, contract, agreement or the terms or conditions of any other agreement instrument to which it the representing party is a party either bound or by which it is otherwise boundsubject.
Appears in 1 contract
Samples: Reseller Service Agreement
Mutual Warranties. Each party Party hereby represents and warrants that (A) it has the right to the other that: (a) enter into this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with to perform its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of obligations under this Agreement; and (cB) the execution, delivery, delivery and performance of this Agreement does do not violate the laws conflict with, or constitute a breach or default under any of its charter or organizational documents, any jurisdiction law, order, judgment or the terms governmental rule or conditions of regulation applicable to it, or any other agreement material agreement, contract, commitment or instrument to which it is a party or by which party; (C) it is otherwise boundshall perform its responsibilities in compliance in all material respects with the requirements of applicable laws.
Appears in 1 contract
Mutual Warranties. Each party represents and Party warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of this Agreement; (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the executionit shall perform all of its obligations under this Agreement in accordance with all applicable laws, deliveryrules, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundregulations.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding bmding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Carahsoft Rider to Manufacturer End User License Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (ai) this the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such the executing party in accordance with its terms; (bii) no authorization authorisation or approval from any third party is required in connection with such party’s the execution, delivery, or performance of this Agreementthe Agreement by the executing party; and (civ) the execution, delivery, and performance of this the Agreement by the executing party does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Saas Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with its termsthe terms of this Agreement; (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, delivery or performance of this Agreement; the Agreement and (c) the execution, delivery, it is duly organized and performance of this Agreement does not violate validly existing under the laws of any jurisdiction the state of its incorporation or formation and has full power and authority to enter into the terms or conditions of any other agreement Agreement and to which it is a party or by which it is otherwise boundcarry out the provisions hereto.
Appears in 1 contract
Samples: Master Services Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery's execution and delivery of the Service Order, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Services Agreement
Mutual Warranties. Each party hereby represents and warrants that(a) it has the capabilities necessary to the other that: (a) perform its obligations under this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of neither this Agreement does not violate the laws nor any of its terms constitutes any jurisdiction conflict with any of its other obligations or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundagreements.
Appears in 1 contract
Samples: Reseller Agreement
Mutual Warranties. Each party represents and warrants to the other that: party that it:
(a) this Agreement has been is duly executed organised and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; good standing under the laws of the jurisdiction in which it is organised;
(b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of has the power and authority and the legal right to enter into this Agreement; Agreement and to perform the obligations hereunder;
(c) the execution, delivery, has taken all necessary action on its part to authorise execution and performance delivery of this Agreement does and the performance of its obligations hereunder; and
(d) has not violate the laws of relied on any jurisdiction or the terms or conditions of any other agreement representations made to it which it is a party or by which it is otherwise boundare not expressly stated in this Agreement.
Appears in 1 contract
Samples: General Terms and Conditions
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.and
Appears in 1 contract
Samples: Service and Subscription Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.;
Appears in 1 contract
Samples: Proposal Terms & Conditions
Mutual Warranties. Each party represents and warrants to the other that: that (ai) it has the full power to enter into this Agreement has been duly executed and delivered and that this Agreement constitutes a legal, valid and binding agreement obligation of the party, enforceable against such party in accordance with its termsit; (bii) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not contravene, violate the laws of any jurisdiction or the terms or conditions of conflict with any other agreement of the party with any third party; and (iii) it will perform its obligations under this Agreement in accordance with laws applicable to which it is a party or by which it is otherwise boundit.
Appears in 1 contract
Samples: Customer Agreement
Mutual Warranties. Each party hereby represents and warrants to the other that: that (ai) this Agreement has been duly and validly executed and delivered by such party and constitutes a valid legal and binding agreement obligation of such party, enforceable against such party in accordance with its terms; (bii) no authorization or approval from any third such party is required has all necessary power and authority to execute and perform in connection accordance with such party’s execution, delivery, or performance of this Agreement; and (ciii) the such party's execution, delivery, delivery and performance of this Agreement does will not conflict with or violate the laws any provision of any jurisdiction law, rule or the terms or conditions of any other agreement regulation to which it such party is a subject, or any agreement or other obligation directly or indirectly applicable to such party or by which it is otherwise boundbinding upon its assets.
Appears in 1 contract
Samples: Multipath I/O Driver Program Agreement (Egenera, Inc.)
Mutual Warranties. Each party represents Both Parties represent and warrants to the other that: (warrant:
a) that each has the necessary authority to enter into this Agreement has been duly executed and delivered perform all of its obligations under this Agreement, and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, its entering into and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of and will not conflict with any other agreement or understanding, oral or written, to which it is a party or by which it is otherwise boundparty.
Appears in 1 contract
Samples: Rf Distributor Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party it in accordance with DIR Contract No. DIR-TSO-3149 and its terms; (b) no authorization or approval from any third party is required in connection with such party’s its execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Mutual Warranties. Each party Party represents and warrants to the other that: (a) this Agreement has been it is a duly executed organized and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its termsvalidly existing company; (b) no authorization or approval from any third party is required in connection with it has the full right, power and authority to enter into and perform its obligations under this Agreement; (c) the person signing this Agreement on behalf of such party’s executionParty has the full right, delivery, or performance of power and authority to sign this Agreement and to bind such Party to its respective obligations under this Agreement; and (cd) that the execution, delivery, delivery and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of conflict with any other agreement to which it such Party is a party or by which it is otherwise bound.
Appears in 1 contract
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) it has the full power to enter into this Agreement has been duly executed and delivered and this Agreement constitutes a legal, valid and binding agreement enforceable against obligation of such party in accordance with its terms; Party, (b) no authorization this Agreement does not contravene, violate or approval from conflict with any other agreement of such Party with any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) it will perform its obligations and duties hereunder; and (d) it will comply with all laws and regulations applicable to it in connection with the execution, delivery, and performance of its obligations and use of the Q5id System & Q5id KYE under this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundAgreement.
Appears in 1 contract
Samples: Saas Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and each Service Order constitutes a valid and binding agreement enforceable against such party it in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, execution and delivery of any Service Order or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Software as a Service Agreement
Mutual Warranties. Each party represents and warrants to the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement agree- ment enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Service Agreement
Mutual Warranties. Each party represents and warrants that (i) it has the legal power to enter into this Agreement, and (ii) that the other that: (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance execution of this Agreement; agreement and (c) the execution, delivery, use of the Software and performance of this Agreement does Purchased Services will not violate the laws terms of any jurisdiction or the terms or conditions of any other agreement to which it is with a party or by which it is otherwise boundthird party.
Appears in 1 contract
Samples: Master Service Agreement
Mutual Warranties. Each party represents and warrants to the other that: that (ai) the execution, delivery and performance by such party of this Agreement has been duly authorized by all requisite corporate action on the part of such party, (ii) this Agreement has been duly executed and delivered by such party and constitutes a the valid and binding agreement of such party, enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (ciii) the execution, delivery, delivery and performance by such party of this Agreement does not violate the laws and will not constitute a breach of , or conflict with, any jurisdiction agreement or the terms or conditions of any other agreement to instrument which it is a binding on such party or by which it is otherwise boundits assets.
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: :
(a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and
(b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Service Subscription Agreement
Mutual Warranties. Each party hereby represents and warrants to the other that: that (ai) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s executionhas the right, delivery, or performance of power and authority to enter into this Agreement, grant the licenses granted herein, and to fully perform all its obligations hereunder; and (cii) the execution, delivery, and performance making of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of agreement existing between such party and any other agreement to which it is a party or by which it is otherwise boundthird party.
Appears in 1 contract
Samples: Customer Agreement
Mutual Warranties. Each party Party represents and warrants to the other that: (a) 29. this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection terms and 30. it shall comply with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise boundall applicable laws. .
Appears in 1 contract
Mutual Warranties. Each party represents and warrants to the other that: that (a) it has the power and authority to enter into and perform its obligations under this Agreement; (b) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (bc) no authorization or approval from any third party is required in connection with such party’s 's execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Data Monetization Agreement
Mutual Warranties. Each party Party represents and warrants to the other that it has the legal power and authority to enter into this Agreement, and that: (a) this Agreement has been duly authorized, executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) to the best of its knowledge, no authorization or approval from any third party is required in connection with such partyParty’s execution, delivery, delivery or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.and
Appears in 1 contract
Samples: Master Subscription Agreement
Mutual Warranties. Each party represents and warrants to the other that: :
(a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
Appears in 1 contract
Samples: Terms and Conditions
Mutual Warranties. Each party Party represents and warrants to the other that: that (a) this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement; and (c) the execution, delivery, and performance of this Agreement does not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.;
Appears in 1 contract