Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to AHS that as of the Effective Date and at all times during the Term:
(a) there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement;
(b) in respect of the Services to which the Workers Compensation legislation in the jurisdiction in which the Operator provides the Services applies, it is registered and in good standing in accordance with such legislation; and
(c) this Agreement constitutes a legal, valid and binding obligation of the Operator enforceable against it in accordance with its terms.
Operator Representations, Warranties and Covenants. (a) The Operator represents, warrants and covenants to the RHA that, as of the date of this Agreement, there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement.
(b) The Operator represents, warrants and covenants to the RHA that, as of the date of this Agreement and at all times during the Term of this Agreement:
(i) the Operator will exercise the standard of skill, care and diligence required by customarily accepted practices and procedures normally provided in the performance of comparable services at the time the Services were performed;
(ii) from and after the commencement of the provision of the Services, the Operator shall be registered and in good standing with the Saskatchewan Workers’ Compensation Board in accordance with The Workers’ Xxxxxxxxxxxx Xxx, 0000 (Xxxxxxxxxxxx);
(xxx) this Agreement constitutes a legal, valid and binding obligation of the Operator enforceable against it in accordance with its terms;
(iv) all Services supplied will be in accordance with all applicable specifications, descriptions and other requirements specified in this Agreement;
(v) the Services will be performed in a professional manner and in accordance with good contemporary standards for use in the health care industry of Canada; and
(vi) the Services shall satisfy any end product, quality, performance and productivity requirements set out in this Agreement.
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the RHA that as of the Effective Date, and at all times during the Term of this Agreement:
(a) the Operator will exercise the standard of skill, care and diligence required by customarily accepted practices and procedures normally provided in the performance of comparable services at the time the Services were performed;
(b) there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement;
(c) the Operator is registered and in good standing with the Saskatchewan Workers’ Compensation Board in accordance with The Workers’ Xxxxxxxxxxxx Xxx, 0000 (Xxxxxxxxxxxx);
(x) this Agreement constitutes a legal, valid and binding obligation of the Operator enforceable against it in accordance with its terms;
(e) all Services supplied will be in accordance with all applicable specifications, descriptions and other requirements specified in this Agreement;
(f) the Services will be performed in a professional manner and in accordance with good contemporary standards for use in the health care industry of Canada; and
(g) the Services shall satisfy any end product, quality, performance and productivity requirements set out in this Agreement.
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the RHA that as of the Effective Date, and at all times during the Term of this Agreement:
(a) there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement; and
(b) this Agreement constitutes a legal, valid and binding obligation of the Operator enforceable against it in accordance with its terms. The Operator also represents, warrants and covenants to the RHA that as of the Commencement Date, and at all times during the remainder of the Term of this Agreement, the Operator will be registered and remain in good standing with the Saskatchewan Workers’ Compensation Board in accordance with The Workers’ Compensation Act, 1979 (Saskatchewan).
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the RHA that as of the Effective Date, there is no action, proceeding or investigation pending or, to its knowledge, threatened against the Operator before or by any court, governmental department, commission, board, agency, person or domestic or foreign corporate body that may result in a material adverse change in the business condition, financial or otherwise, of the Operator, or that questions the validity of this Agreement, or any action taken or to be taken pursuant to or in connection with this Agreement.
Operator Representations, Warranties and Covenants. The Operator represents, warrants and covenants to the Township as follows:
(a) The Operator is a corporation duly organized and validly existing in good standing in the State of New Jersey and is qualified and authorized to do business in the State of New Jersey.
(b) The Operator has full power and authority to enter into this Agreement and to perform its duties and obligations hereunder. This Agreement has been duly authorized, executed and delivered by the Operator, is enforceable in accordance with its terms and the authorization, execution, delivery and performance of this Agreement by the Operator will not violate any law, judgment, order, ruling or regulation applicable to the Operator and does not constitute a breach of or default under any agreement or instrument by which the Operator is bound.
(c) The Operator (or the Operator's personnel, where appropriate) has or holds, and will continue to have or hold throughout the Term of this Agreement, all Permits necessary to operate, maintain and manage the System and required to be obtained by the Operator in accordance with this Agreement.
(d) No litigation is pending or threatened against the Operator which would impair its ability to perform its duties and obligations under this Agreement.
(e) At all times during the Term of this Agreement, the Operator shall keep the System free from any and all liens and encumbrances arising out of or in connection with (i) its operation, maintenance and management of the System, or (ii) any acts, omissions or debts of the Operator, the Guarantor, any of their subsidiaries, or any of their subcontractors.
(f) At all times during the Term of this Agreement, the Operator and/or the Guarantor shall meet and maintain the Minimum Administrative Criteria, Minimum Financial Criteria and Minimum Technical Criteria.
