Representations and Warranties of ACI. ACI hereby represents and warrants to IBM that:
Representations and Warranties of ACI. ACI represents and warrants to Xxxxxxx that as of the Effective Date:
Representations and Warranties of ACI. The representations and warranties of ACI set forth in this Agreement shall be true and correct in all material respects as of the date of this Agreement and (except to the extent such representations and warranties are made as of an earlier date, which representations and warranties shall be true and correct in all material respects at and as of such date) as of the Closing Date as though made on and as of the Closing Date, in each case except for changes contemplated by this Agreement, and the Company shall have received a certificate signed on behalf of ACI by a duly authorized executive officer of ACI to such effect.
Representations and Warranties of ACI. (a) ACI will perform the Services in a proper and workmanlike manner in accordance with accepted industry standards, practices and procedures ("Industry Standards").
(b) ACI shall provide the Services with regard to the Merchandise within the following time constraints: All Merchandise received as Cross-Docked will be processed and shipped within 24 hours of receipt of Distribution information from Customer. All other Merchandise will be processed within 48 hours of receipt of Distribution information from Customer.
(c) ACI shall maintain a Quality Level of 99% with respect to Merchandise processing accuracy and as defined in the Base Plus Xxxx Xxxxxx Associates Quality System.
(d) ACI shall comply with all present and future laws, statutes, ordinances, rulings, regulations, orders and requirements of all federal, state, municipal, county and other government agencies and authorities relating to the ACI Facility, and shall obtain and keep in full force and effect all necessary licenses, permits and similar authorizations from governmental authorities required to perform its obligations hereunder.
Representations and Warranties of ACI. ACI makes the following representations and warranties to Customer on a continuing basis:
(a) ACI is a corporation duly organized, validly existing, and in good standing under the laws of the State of New Jersey and has the requisite power and authority and the legal right, without violating its certificate or articles of incorporation or bylaws or any agreement with any third party or any applicable law, rule, regulation or governmental or judicial decree, to conduct its business as presently conducted and hereafter contemplated to be conducted and to execute, deliver and perform this Agreement.
(b) This Agreement has been duly executed and delivered by ACI and constitutes the legal, valid, and binding obligation of ACI.
(c) ACI is Solvent.
(d) No contract, lease agreement, or other instrument to which ACI is a party or by which either ACI is bound, and no provision of applicable law, materially and adversely affects or may so affect the financial condition, business, property or prospects of ACI or ACI’s ability to perform this Agreement.
(e) ACI shall comply with all present and future laws, statutes, ordinances, rulings, regulations, orders and requirements of all federal, state, municipal, county and other government agencies and authorities relating to the ACI Facility, and shall obtain and keep in full force and effect all necessary licenses, permits and similar authorizations from governmental authorities required to perform its obligations hereunder.
Representations and Warranties of ACI. ACI hereby represents and warrants to Interglobe and MF that the matters set forth in the following subsections of this Section 4 are true and correct.
Representations and Warranties of ACI. In order to induce Buyer to enter into and perform this Agreement, except as set forth in the disclosure schedules hereto (the “Schedules”), ACI represents and warrants to Buyer as of the date hereof that:
Representations and Warranties of ACI. Except as set forth in the disclosure schedule delivered by ACI to Bowater prior to the execution of this Agreement (the “ACI Disclosure Schedule”) (with specific reference to the particular Section or subsection of this Agreement to which the information set forth in such disclosure schedule relates (and such items or matters disclosed in other sections of the ACI Disclosure Schedule to the extent the relevance of such items or matters to the referenced Section or subsection of this Agreement is reasonably apparent on the face of such disclosure)) (it being understood and agreed by the parties that individual sections in this ARTICLE V do not contain any references to such ACI Disclosure Schedule), ACI represents and warrants to Bowater as follows:
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Representations and Warranties of ACI. ACI represents and warrants to the Seller as follows:
