Common use of Performance and Warranties Clause in Contracts

Performance and Warranties. 5.1 The Commissioner appoints the Contractor to provide the Services commencing on the Commencement Date and continuing for the duration of this Agreement in consideration of the Annual Contract Value, and in accordance with and subject to the provisions of this Agreement. 5.2 Each of the parties warrants that it has power to enter into this Agreement and has obtained any necessary approvals to do so. 5.3 The Contractor warrants that the Contractor satisfies the conditions set out in Regulation 5 of the PMS Regulations. 5.4 In complying with this Agreement, in exercising its rights under this Agreement and in performing its obligations under this Agreement the Contractor must act reasonably and in good faith and shall cooperate fully with the Commissioner at all times. 5.5 Each party warrants to the other that it has not relied on any representation or agreement whether written or oral not expressly set out or referred to in this Agreement. 5.6 The Contractor warrants that it has used all reasonable endeavours to ensure: 5.6.1 all information in Writing provided to the Commissioner in seeking to become a party to this Agreement was, when given, true and accurate in all material respects, and in particular, that the Contractor satisfied the conditions set out in Regulation 5 of the PMS Regulations; 5.6.2 no information has been omitted which would make the information that was provided to the Commissioner materially misleading or inaccurate; 5.6.3 no circumstances have arisen which materially affect the truth and accuracy of such information; 5.6.4 it is not aware as at the date of this Agreement of anything within its reasonable control which may or will materially adversely affect its ability to fulfil its obligations under this Agreement. 5.7 To the best of the Commissioner’s knowledge after due enquiry by the Commissioner, the Commissioner warrants that it has used all reasonable endeavours to ensure: 5.7.1 all information in Writing which it provided to the Contractor specifically to assist the Contractor to become a party to this Agreement was, when given, true and accurate in all material respects; 5.7.2 no information has been omitted which would make the information that was provided to the Contractor materially misleading or inaccurate; 5.7.3 no circumstances have arisen which materially affect the truth and accuracy of such information.

Performance and Warranties. 5.1 The Commissioner Board appoints the Contractor to provide the Services commencing on the Commencement Date and continuing for the duration of this Agreement in consideration of the Annual Contract Value, and in accordance with and subject to the provisions of this Agreement. 5.2 Each of the parties warrants that it has power to enter into this Agreement and has obtained any necessary approvals to do so. 5.3 The Contractor warrants that the Contractor satisfies the conditions set out in Regulation 5 of the PMS Regulations. 5.4 In complying with this Agreement, in exercising its rights under this Agreement and in performing its obligations under this Agreement the Contractor must act reasonably and in good faith and shall cooperate fully with the Commissioner Board at all times. 5.5 Each party warrants to the other that it has not relied on any representation or agreement whether written or oral not expressly set out or referred to in this Agreement. 5.6 The Contractor warrants that it has used all reasonable endeavours to ensure: 5.6.1 all information in Writing provided to the Commissioner Board in seeking to become a party to this Agreement was, when given, true and accurate in all material respects, and in particular, that the Contractor satisfied the conditions set out in Regulation 5 of the PMS Regulations; 5.6.2 no information has been omitted which would make the information that was provided to the Commissioner Board materially misleading or inaccurate; 5.6.3 no circumstances have arisen which materially affect the truth and accuracy of such information; 5.6.4 it is not aware as at the date of this Agreement of anything within its reasonable control which may or will materially adversely affect its ability to fulfil its obligations under this Agreement. 5.7 To the best of the CommissionerBoard’s knowledge after due enquiry by the CommissionerBoard, the Commissioner Board warrants that it has used all reasonable endeavours to ensure: 5.7.1 all information in Writing which it provided to the Contractor specifically to assist the Contractor to become a party to this Agreement was, when given, true and accurate in all material respects; 5.7.2 no information has been omitted which would make the information that was provided to the Contractor materially misleading or inaccurate; 5.7.3 no circumstances have arisen which materially affect the truth and accuracy of such information.