REPRESENTATIONS AND WARRANTIES Landlord's Representations and Warranties Sample Clauses

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REPRESENTATIONS AND WARRANTIES Landlord's Representations and Warranties. Landlord hereby represents and warrants to Tenant as follows:

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Related to REPRESENTATIONS AND WARRANTIES Landlord's Representations and Warranties

• NOW, THEREFORE the parties hereto agree as follows:

• WHEREAS the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

• Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

• Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

• Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

• Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

• Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

• Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

• Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

• Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.