Common use of Non-Default Clause in Contracts

Non-Default. NONCONTRAVENTION: During the operative period, the CONSULTANT is not in violation of its articles or certificate of incorporation or by-laws or, in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any material contract, lease or other instrument to which it is a party, and the CONSULTANT's execution and delivery of this Agreement, and the incurrence of the obligations herein and therein set forth, and the consummation of the transactions contemplated do not (i) conflict with, or constitute breach of, or a default under the articles or certification of incorporation or by-laws of the CONSULTANT, or any material contract, lease or other material agreement or instrument to which the CONSULTANT is a party or in which the CONSULTANT has a beneficial interest or by which the CONSULTANT is bound: (ii) violates any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over the CONSULTANT or any of its properties or business; or (iii) has or has had any material adverse effect on any permit, certification, registration, approval, consent, license or franchise necessary for the CONSULTANT to own or lease and operate any of its properties and to conduct its business or the ability of the CONSULTANT to make use thereof.

Non-Default. NONCONTRAVENTION: During the operative period, the CONSULTANT CLIENT is not in violation of its articles or certificate of incorporation or by-laws or, in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any material contract, lease or other instrument to which it is a party, and the CONSULTANTCLIENT's execution and delivery of this Agreement, and the incurrence of the obligations herein and therein set forth, and the consummation of the transactions contemplated do not (i) conflict with, or constitute breach of, . or a default under the articles or certification of incorporation or by-laws of the CONSULTANTCLIENT, or any material contract, lease or other material agreement or instrument to which the CONSULTANT CLIENT is a party or in which the CONSULTANT CLIENT has a beneficial interest or by which the CONSULTANT CLIENT is bound: ; (ii) violates any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over the CONSULTANT CLIENT or any of its properties or business; or (iii) has or has had any material adverse effect on any permit, certification, registration, approval, consent, license or franchise necessary for the CONSULTANT CLIENT to own or lease and operate any of its properties and to conduct its business or the ability of the CONSULTANT CLIENT to make use thereof.