Participant's Warranties Sample Clauses

Participant's Warranties. Participant represents, warrants and acknowledges that: a. It has full power and authority to enter into and perform this Agreement and the officers of Participant signing the Agreement on behalf of Participant have been duly authorized to do so. b. It has reviewed and approved the form and substance of each of the Line of Credit Loan Documents. c. Its decision to purchase this Participation and any future decisions it makes with respect to its Participation in the Participation Loan was based and will be based solely on its own independent evaluation of the Participation Loan, the creditworthiness of Borrowers and any other entity which may have liability for the Participation Loan, and its own investigation of the legality, sufficiency, and enforceability of the Loan Documents, and of the risks involved in the transactions contemplated in the Loan Documents and it is not and will not rely on Lender with respect thereto.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Participant's Warranties. 4.1. The participant warrants that: 4.1.1. the equipment will be used in accordance with the conditions outlined in the schedule; 4.1.2. the particulars in the schedule are correct in every respect and are not misleading in any way including, without limitation, by omission; 4.1.3. the participant holds a valid Working with Childrens Check 4.1.4. the equipment will not be used for any illegal purpose; 4.1.5. the participant will not, without prior written consent of the owner, modify, or permit any modification of, the equipment in any way; and 4.1.6. the participant agrees that the equipment complies with its description, is in merchantable condition and is fit for the purpose of conducting citizen science activities.
Sample 1Sample 2
Participant's Warranties. (a) In submitting the Bid, the Participant warrants: (1) that it has carried out all relevant investigations as appropriate concerning the following and has taken the following into account in its Bid: (i) all information which is relevant to the risks, contingencies and other circumstances which could affect the Bid and which could be reasonably obtained; (ii) the means of access to and from and facilities at the relevant Synergy site and transport facilities for deliveries to the site; (iii) the availability of labour for the performance of the Requirement; and (iv) the latest editions of Synergy’s policies and guidelines listed in the Bid Event. (2) the correctness and sufficiency of its Bid and that the price covers the cost of performing the Requirements in accordance with the Contract, including having regard to the risks mentioned in (1) above; (3) that it has taken professional advice as is appropriate for the preparation of the Bid; (4) the accuracy and completeness of all information provided by the Participant in its Bid; (5) that it has and will maintain the necessary experience, skill and expertise to perform and complete the Requirement in accordance with the Contract; (6) it will maintain at adequate levels throughout the period of the Contract all resources required for the proper completion of the Requirement within the time required under the Contract including, skilled manpower, finance, material, and office and factory buildings and facilities; (7) that the Bid is in all respects an independent Bid and that no collusion has taken place between the Participant and any other prospective Participant or interested party in the preparation of the whole or any part of the Bid; and (8) that it has complied with the Code and disclosed the existence of any finding of material Code non-compliance (as defined in paragraph 30.2 of the Code) against it or its Related Entities.
Sample 1
Participant's Warranties. PARTICIPANT warrants that it has the requisite fiscal, managerial, and legal capability to carry out the Project and to receive and disburse Project funds. PARTICIPANT agrees to initiate and consummate all actions necessary to enable it to enter into this Agreement. PARTICIPANT warrants that there is no provision in its charter, bylaws, or any rules, regulations, or legislation that prohibits, voids, or otherwise renders unenforceable against PARTICIPANT any provision or clause of this Agreement. PARTICIPANT warrants further that it has paid all federal, state and local taxes levied or imposed and will continue to do so, excepting only those that may be contested in good faith. PARTICIPANT agrees that upon execution of this Agreement, PARTICIPANT will deliver to the DEPARTMENT: 1. a legal opinion from an attorney licensed to practice law in Illinois and authorized to represent the PARTICIPANT in the matter of this Agreement, stating: a. the PARTICIPANT is lawfully organized; b. the PARTICIPANT is an eligible “participant” as defined in the Downstate Public Transportation Act (30 ILCS 740) (the “Act”); c. the PARTICIPANT is legally authorized to enter into this Agreement; and d. this Agreement will be legally binding on the PARTICIPANT. 2. a certified copy of a resolution or ordinance adopted by the PARTICIPANT’s governing body that authorizes the execution of this Agreement and identifies the person, by position, authorized to sign this Agreement and payment requisitions.
Sample 1
Participant's Warranties. Participant represents and warrants to each Seller and agrees with each Seller that: (i) it has become a party hereto solely in reliance upon its own independent investigation and analysis of the financial and other circumstances surrounding the Obligated Parties, the Collateral, the Loan Documents and all aspects of the transactions evidenced thereby or referred thereto or has otherwise satisfied itself thereto; (ii) it had access to and has received from the Obligated Parties and reviewed (and has had sufficient time to review) true and complete copies of all Loan Documents, Collateral, and all other documents related to the Loans requested by Participant, including such financial or non-financial information it deemed necessary to make a complete and accurate credit analysis and decision so as to purchase the Loans; (iii) it has experience and expertise in the making of loans such as the Tranche B Loans and in making decisions to make loans such as the Tranche B Loans; that it has acquired its Participation for its own account solely for the purpose of participating in the Tranche B Loans and not with any present intention of selling all or any portion of such interest; (iv) it is not relying upon any representation, warranty or statement of any Seller in acquiring its Participation and has not received any information from any Seller in making its decision to enter into this Agreement and purchase its Participation; (v) it has read and understands this Agreement and confirms that no Seller has approached the Participant to offer to Participant its Participation but that Participant, based on the investigation described above and communications with Obligated Parties, has determined to purchase it Participation and approached the Sellers with the offer to purchase its Participation; (vi) as contemplated by Section l(e) hereof, no Seller has any obligation or responsibility to the Participant except to the extent specifically stated herein and Participant understands that no Seller has any fiduciary, agency, trust, confidential or other relationship of any kind with Participant and has no obligation to disclose to Participant any information which it presently has or may hereafter acquire relating to the Loans, the Obligated Parties, the Collateral or the Loan Documents, whether adverse or beneficial, except as specifically set forth herein; (vii) Participant understands that it could lose all of the amounts advanced to purchase its Participation as a re...
Sample 1
Participant's Warranties. In order to induce the Company to enter into this Agreement, Participant does hereby warrant and represent to the Company as follows, that Participant: a. is sufficiently sophisticated and experienced in the business of exploring for and producing oil, gas or other minerals, or other business and investment matters, so as to participate in the Project as contemplated hereunder, and fully understands the risks and merits involved in developing an oil and gas well(s), including the following: Exploration for and production of oil and gas involves a high degree of risk of loss of all or a portion of the amounts invested. The results of any well(s) cannot be determined in advance; The completion or re-completion of a producing well(s) does not indicate the well(s) will produce sufficient hydrocarbons to return a profit; Even though a well(s) is drilled or reworked in an area or formation adjacent to known and existing production, there is no assurance that such development will locate the productive zones, or that such productive zones, if located, will have the attributes necessary for commercial production sufficient to recoup the capital expended in placing such well(s) in production; Natural hazards and risks involved in the drilling or reworking of a well(s) include unusual or unexpected formations, pressures, and other conditions which are not anticipated; The drilling, completion, reworking and operation of an oil and gas well(s) involves risk of operations failures; It is not unusual to encounter unexpected problems or conditions which necessitate the abandonment of the well(s) and result in a total loss of investment in the well(s); The revenues generated from an oil and gas well(s) will be highly dependent upon the future prices and demand for oil and gas; There can be no assurance that a market for any oil or gas produced from an oil and gas well(s) will exist, or that the prices obtainable will be adequate to return the costs of developing such well(s); The marketing of oil and gas, and the prices obtained thereby, are subject to numerous factors beyond any control and which are unpredictable, including the domestic and world supply and demand for oil and gas, the price of foreign imports, the price and availability of alternative fuels and changes in regulatory laws and price controls; The oil and gas industry is subject to extensive governmental regulation, including those governing the drilling and spacing of well(s), allowable rates of producti...
Sample 1

Related to Participant's Warranties

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.

  • Participant’s Representations In the event the Shares have not been registered under the Securities Act of 1933, as amended (the “Securities Act”), at the time this Option is exercised, Participant shall, if required by the Company, concurrently with the exercise of all or any portion of this Option, deliver to the Company his or her Investment Representation Statement in the form attached hereto as Exhibit B.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

  • Representations of Participant Participant acknowledges that Participant has received, read and understood the Plan and the Option Agreement and agrees to abide by and be bound by their terms and conditions.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Vendor’s Warranties CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Representations and Warranties of Grantee Grantee hereby represents and warrants to Issuer that:

  • Company Warranties The Company represents and warrants to the Purchaser that:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!