– PARTICIPANT WARRANTIES. 9.1. The Participant warrants and undertakes that:
9.1.1. all and any data, when provided to CANARIE or another participant (as the case may be), is accurate and up-to-date and any changes to metadata are provided promptly to CANARIE;
9.1.2. it will observe current industry best practices in relation to the configuration, operation and security of its IT systems;
9.1.3. it holds, and will continue to hold, all necessary licenses, authorizations, and permissions required to meet its obligations under this Agreement;
9.1.4. it will not act in any manner which damages, or is likely to damage or otherwise adversely affect, the reputation of the Canadian Access Federation or CANARIE; and
9.1.5. it will give reasonable assistance to any other Participant (including to the Participant's identity provider) investigating misuse by an end user.
9.2. The Participant acknowledges that participation in the Canadian Access Federation does not itself grant them or any of their end users automatic access to the resources and services of Service Providers, and that such access may be conditional upon each Participant or end user agreeing to appropriate terms with the relevant Service Provider governing that access. XXXXXXX will not be responsible for, nor have any liability in respect of, the performance or otherwise of those terms and will not be required to resolve any disputes in relation to those terms.
9.3. The Participant acknowledges that CANARIE may, without incurring any liability to the Participant and without prejudice to any other rights or remedies of CANARIE, take such action or may require the Participant to take such action, as is necessary in the opinion of CANARIE to protect the legitimate interests of other participants or the reputation of the Canadian Access Federation or CANARIE or to ensure the efficient operation of the Canadian Access Federation.
9.4. The Participant grants CANARIE the right to:
9.4.1. publish the Participant’s name, and information about Services provided, for the purpose of promoting the Canadian Access Federation; and
9.4.2. publish, and otherwise use and hold, the Participant’s metadata for the purpose of administering the operation of the Canadian Access Federation.
– PARTICIPANT WARRANTIES. By participating and receiving the benefits of the Plan, each Participant acknowledges and agrees that: (i) the Participant has read and understood the terms and conditions specified in the Plan; (ii) the terms and conditions specified in the Plan are fair and reasonable; (iii) neither the Company nor any person acting on its behalf has made any representation or other inducement to the Participant to enter into the Plan, except for the representations or inducements expressly set out in the Plan; (iv) the Participant has not entered into the Plan in reliance on any representation or inducement by or on behalf of the Company (nor any person acting on its behalf) or any other party, other than representations or inducements expressly set out in the Plan; and (v) no person, other than the Company’s Compensation Committee or the Board of Directors, has the authority to interpret this Plan and the Participant shall not rely on any interpretation, representation or inducement by or on behalf of the Company unless it is in writing and signed by a member of the Company’s Compensation Committee or the Board of Directors.
– PARTICIPANT WARRANTIES. Participant warrants that
(a) Participant is a license real estate broker and participant in MLS; and (b) Subscriber possesses a real estate license and is associated with Participant as a licensee actively seeking to sell real estate or Subscriber is a certified real estate appraiser affili- ated with Participant.
– PARTICIPANT WARRANTIES. Participant represents and warrants that (a) the Licensed Data does not infringe the intellectual property rights (including copyright rights), proprietary rights, or contract rights of any third party; (b) the Licensed Data does not violate any law; (c) Participant has the written consent of any party necessary to provide the Licensed Data to Syndicator; and (d) the Licensed Data complies with RANW MLS Policies.
– PARTICIPANT WARRANTIES. Participant represents and warrants that, as of the Effective Date: (i) Participant is duly organized, validly existing and in good standing in the jurisdiction in which it is organized; (ii) Participant has all right, power and authority to enter into this Agreement; (iii) Participant will be duly qualified and licensed to do business and sell Boxabl Units in satisfaction of all requirements of political entities having jurisdiction over the Development as of the date of the commencement of the Development; and (iv) Participant’s execution or performance of this Agreement will not violate or breach any contract, license agreement of other instrument as to which Participant or its Affiliates is a party, or violate any laws or regulations otherwise affecting Participant.
– PARTICIPANT WARRANTIES. Participant represents and warrants to Licensor that:
1. Participant has the right and authority to enter into and perform its obligations under this agreement;
2. Participant has the right to grant the license set forth in Section 2.2 above;
3. the Participant products, marks and icons do not and shall not contain any content, materials, link or advertising that violate any applicable law or regulation or infringes any Intellectual Property Rights of any person; and
4. Participant owns the Participant Information, Participant products, marks and icon and all Intellectual Property Rights therein.
– PARTICIPANT WARRANTIES. Participant hereby represents and warrants to Lead Lender that at the time Participant executes this Agreement and/or a Certificate of Participation:
(a) The execution, delivery and performance of this Agreement and/or the Certificate of Participation have been duly authorized by all requisite corporate or other actions of Participant and constitutes a valid legal and binding obligation of Participant.
(b) Participant has the regulatory authority to purchase participations from Lead Lender and the financial ability to perform its obligations under this Agreement.
(c) Except as disclosed to Lead Lender in writing at the time the Loan is offered for participation, Participant has no knowledge of any litigation, action, proceeding, or dispute before any federal or state court or governmental or administrative agency or instrumentality, pending or threatened against or affecting Participant which would prohibit it from entering into or performing this Agreement.
(d) Participant has been furnished all information requested by Participant with respect to the Loan and Participant has made its own independent appraisal of the creditworthiness of Borrower, the value of the Collateral and the value of Participant’s interest and participation in the Loan and has not relied on any representations or warranties of Lead Lender in connection therewith other than as expressly set forth herein.
(e) Participant has purchased the participation in the Loan for its own account for investment only and not with a view to the distribution or resale thereof. Participant further acknowledges that it has reviewed and approved the form and substance of the Loan Documents.
(f) Participant is entitled to receive all payments to be made to it under this Agreement without the withholding of any tax.
– PARTICIPANT WARRANTIES. Participant warrants and represents that: (i) the Content does not in any way violate any existing law, infringe upon or misappropriate any copyright, patent, trademark, trade secret, right of publicity, right of privacy or other proprietary rights of any third party, either in whole or in part; (ii) the Content contains no matter which, if published, will be libelous or defamatory; (iii) Participant has the necessary rights to xxxxx XX the rights granted hereunder; (iv) the Content complies with all laws applicable to the transmission or use of the Content as specified in this Agreement for each country is which the Content is intended to be delivered; and (v) it is solely responsible for, and has paid or will pay, all amounts due any person or entity that has a right to receive any royalty or other payment as a result of RN's authorized use of the Content pursuant to this Agreement. Participant acknowledges that RN and its affiliates are the owners and/or licensees of the trademarks, service marks, commercial symbols and trade names used by RN.
– PARTICIPANT WARRANTIES. Participant represents and warrants that he or she (a) is at least eighteen (18) years of age; (b) possesses the legal right and ability to enter in this Agreement and enter into transactions to buy or sell Product at IHAM; (c) will use the Services only for lawful purposes and in accordance with this Agreement and any applicable policies; and (d) will be financially responsible for all transactions entered by Participant through the Services. CLAUSES SPECIFIC TO BUYERS
– PARTICIPANT WARRANTIES. Participant represents and warrants that it has the legal authority to enter into this Agreement, and that Participant has taken no action to encumber or otherwise adversely affect the Water Rights subject to this Agreement. Participant further warrants that it has reasonably and beneficially used water under the Water Rights during the period of forbearance during one or more of the previous five calendar years.
