Common use of Representations and Warranties of the Client Clause in Contracts

Representations and Warranties of the Client. 2.1. As of the date of this Agreement the Client represents and warrants that: a. if the Client is an individual: i) the Client is of sound mind and memory, at the age of majority, not disabled and able of having legal responsibility to the full extent; ii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iii) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; iv) the Client is not a resident or tax resident of the British Virgin Islands, the United States of America, Iraq, North Korea, the United Kingdom or Austria. b. if the Client is a corporate entity (legal entity): i) the Client is properly incorporated and legally exists under the laws of its registration country; ii) the Client is not registered in the territory of the United States of America, Iraq, North Korea, the United Kingdom or Austria, not recognized as a corporate entity (legal entity) falling within the jurisdiction of the above-mentioned countries; iii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iv) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; v) if applicable, the Client obtained all necessary corporate approvals related to conclusion and performance of this Agreement in a proper manner, as set out in the corporate rules and procedures accepted by the Client; vi) in performing this Agreement any party committing any other acts related to performance of this Agreement on behalf of the Client is duly authorized by the latter to commit such acts and has no implied (implicit) limitations. c. general warranties applied to all Clients: i) the Client has read, understood and fully accepted the terms of this Agreement, and the terms of all applicable Regulatory Documents of the Company posted on its official Website: xxxx://xxx.xxxxxxxxx.xxx; ii) any and all information presented by the Client to the Company, in particular, in the course of registration on the Company’s official Website is true, accurate and complete. In case false, inaccurate or incomplete information is presented the Client warrants that all risks including but not limited to this, financial, related to this, shall be borne exclusively by the Client in full and without any waivers or disclaimers; iii) the Client did not obtain any warranties concerning success of Transactions with any Financial Instruments from the Company or any of the Company’s employees, both formally and informally, and did not enter into this Agreement in view of or confidence in prospective obtaining similar warranties in the future. 2.2. Any of the above-mentioned warranties should be valid as of the date of this Agreement and within the term of this Agreement. In case any of these warranties becomes invalid from time to time, then the Company shall reserve the right to terminate this Agreement unilaterally at its own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement. 2.3. The Company shall reserve the right at its own discretion and at any time to send the Client a demand for proving the validity of any of these warranties. In case of the Client’s disclaimer of obligation stipulated in this paragraph the Company shall reserve the right to terminate this Agreement unilaterally at own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement.

Appears in 3 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Representations and Warranties of the Client. 2.1. As of the date of this Agreement the Client Client-individual represents and warrants that: a. if the Client is an individual: i) the 2.1.1. The Client is of sound mind and memory, at the age of majority, not disabled and able of having legal responsibility to the full extent; ii) performance 2.1.2. Performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iii) performance 2.1.3. Performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; iv) the 2.1.4. The Client is not a resident or tax resident of the British Virgin IslandsAustralia, Belgium, BVI, Costa Rica, Iraq, Russia*, the United States of America, Iraq, North KoreaKingdom, the United Kingdom or AustriaNorth Korea and the USA. b. if 2.2. As of the Client is a corporate date of this Agreement the Client-legal entity (legal entity):represents and warrants that: i) the 2.2.1. The Client is properly incorporated and legally exists under the laws of its registration country; ii) the 2.2.2. The Client is not registered in the territory of the United States of AmericaAustralia, Belgium, BVI, Costa Rica, Iraq, North KoreaRussia*, the United Kingdom or AustriaKingdom, the North Korea and the USA, not recognized as a corporate entity (legal entity) falling within the jurisdiction of the above-mentioned countries; iii) performance 2.2.3. Performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iv) performance 2.2.4. Performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; v) if 2.2.5. If applicable, the Client obtained all necessary corporate approvals related to conclusion and performance of this Agreement in a proper manner, as set out in the corporate rules and procedures accepted by the Client; vi) in 2.2.6. In performing this Agreement any party committing any other acts related to performance of this Agreement on behalf of the Client is duly authorized by the latter to commit such acts and has no implied (implicit) limitations. c. general 2.3. General warranties applied to all Clients: i) the 2.3.1. The Client has read, understood and fully accepted the terms of this Agreement, and the terms of all applicable Regulatory Documents of the Company posted on its official Website: (xxxx://xxx.xxxxxxxxx.xxx); ii) any 2.3.2. Any and all information presented by the Client to the Company, in particular, in the course of registration on the Company’s official Website is true, accurate and complete. In case false, inaccurate or incomplete information is presented the Client warrants that all risks including but not limited to this, financial, related to this, shall be borne exclusively by the Client in full and without any waivers or disclaimers; iii) the 2.3.3. The Client did not obtain any warranties concerning success of Transactions with any Financial Instruments from the Company or any of the Company’s employees, both formally and informally, and did not enter into this Agreement in view of or confidence in prospective obtaining similar warranties in the future. 2.22.4. Any of the above-mentioned warranties should be valid as of the date of this Agreement and within the term of this Agreement. In case any of these warranties becomes invalid from time to time, then the Company shall reserve the right to terminate this Agreement unilaterally at its own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement. 2.32.5. The Company shall reserve the right at its own discretion and at any time to send the Client a demand for proving the validity of any of these warranties. In case of the Client’s disclaimer of obligation stipulated in this paragraph the Company shall reserve the right to terminate this Agreement unilaterally at own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

Representations and Warranties of the Client. 2.1. As of the date of this Agreement the Client represents and warrants that: a. if the Client is an individual: i) the Client is of sound mind and memory, at the age of majority, not disabled and able of having legal responsibility to the full extent; ii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iii) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; iv) the Client is not a resident or tax resident of the British Virgin Islands, the United States of America, Iraq, North Korea, the United Kingdom or Austria. b. if the Client is a corporate entity (legal entity): i) the Client is properly incorporated and legally exists under the laws of its registration country; ii) the Client is not registered in the territory of the United States of America, Iraq, North Korea, the United Kingdom or Austria, not recognized as a corporate entity (legal entity) falling within the jurisdiction of the above-mentioned countries; iii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iv) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; v) if applicable, the Client obtained all necessary corporate approvals related to conclusion and performance of this Agreement in a proper manner, as set out in the corporate rules and procedures accepted by the Client; vi) in performing this Agreement any party committing any other acts related to performance of this Agreement on behalf of the Client is duly authorized by the latter to commit such acts and has no implied (implicit) limitations. c. general warranties applied to all Clients: i) the Client has read, understood and fully accepted the terms of this Agreement, and the terms of all applicable Regulatory Documents of the Company NEWSOLID posted on its official Website: xxxx://xxx.xxxxxxxxx.xxxxxxx://xxx.xxxxxxxx.xxx; ii) any and all information presented by the Client to the CompanyNEWSOLID, in particular, in the course of registration on the CompanyNEWSOLID’s official Website is true, accurate and complete. In case false, inaccurate or incomplete information is presented the Client warrants that all risks including but not limited to this, financial, related to this, shall be borne exclusively by the Client in full and without any waivers or disclaimers; iii) the Client did not obtain any warranties concerning success of Transactions with any Financial Instruments from the Company NEWSOLID or any of the CompanyNEWSOLID’s employees, both formally and informally, and did not enter into this Agreement in view of or confidence in prospective obtaining similar warranties in the future. 2.2. Any of the above-mentioned warranties should be valid as of the date of this Agreement and within the term of this Agreement. In case any of these warranties becomes invalid from time to time, then the Company NEWSOLID shall reserve the right to terminate this Agreement unilaterally at its own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement. 2.3. The Company NEWSOLID shall reserve the right at its own discretion and at any time to send the Client a demand for proving the validity of any of these warranties. In case of the Client’s disclaimer of obligation stipulated in this paragraph the Company NEWSOLID shall reserve the right to terminate this Agreement unilaterally at own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement.

Appears in 1 contract

Samples: Customer Agreement

Representations and Warranties of the Client. 2.1. As of the date of this Agreement the Client represents and warrants that: a. if the Client is an individual: i) the Client is of sound mind and memory, at the age of majority, not disabled and able of having legal responsibility to the full extent; ii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iii) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; iv) the Client is not a resident or tax resident of the British Virgin IslandsAustralia, the United States of AmericaBelgium, Iraq, Russia, United Kingdom, BVI, North Korea, the United Kingdom or AustriaKorea and USA. b. if the Client is a corporate entity (legal entity): i) the Client is properly incorporated and legally exists under the laws of its registration country; ii) the Client is not registered in the territory of the United States of AmericaAustralia, Belgium, Iraq, Russia, United Kingdom, BVI, North Korea, the United Kingdom or AustriaKorea and USA, not recognized as a corporate entity (legal entity) falling within the jurisdiction of the above-mentioned countries; iii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iv) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; v) if applicable, the Client obtained all necessary corporate approvals related to conclusion and performance of this Agreement in a proper manner, as set out in the corporate rules and procedures accepted by the Client; vi) in performing this Agreement any party committing any other acts related to performance of this Agreement on behalf of the Client is duly authorized by the latter to commit such acts and has no implied (implicit) limitations. c. general warranties applied to all Clients: i) the Client has read, understood and fully accepted the terms of this Agreement, and the terms of all applicable Regulatory Documents of the Company posted on its official Website: xxxx://xxx.xxxxxxxxx.xxx; ii) any and all information presented by the Client to the Company, in particular, in the course of registration on the Company’s official Website is true, accurate and complete. In case false, inaccurate or incomplete information is presented the Client warrants that all risks including but not limited to this, financial, related to this, shall be borne exclusively by the Client in full and without any waivers or disclaimers; iii) the Client did not obtain any warranties concerning success of Transactions with any Financial Instruments from the Company or any of the Company’s employees, both formally and informally, and did not enter into this Agreement in view of or confidence in prospective obtaining similar warranties in the future. 2.2. Any of the above-mentioned warranties should be valid as of the date of this Agreement and within the term of this Agreement. In case any of these warranties becomes invalid from time to time, then the Company shall reserve the right to terminate this Agreement unilaterally at its own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement. 2.3. The Company shall reserve the right at its own discretion and at any time to send the Client a demand for proving the validity of any of these warranties. In case of the Client’s disclaimer of obligation stipulated in this paragraph the Company shall reserve the right to terminate this Agreement unilaterally at own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement.

Appears in 1 contract

Samples: Customer Agreement

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Representations and Warranties of the Client. 2.1. As of the date of this Agreement the Client represents and warrants that: : a. if the Client is an individual: i) the Client is of sound mind and memory, at the age of majority, not disabled and able of having legal responsibility to the full extent; ii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iii) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; iv) the Client is not a resident or tax resident of the British Virgin Islands, the United States of America, Iraq, North Korea, the United Kingdom or Austria. b. if the Client is a corporate entity (legal entity): i) the Client is properly incorporated and legally exists under the laws of its registration country; ii) the Client is not registered in the territory of the United States of America, Iraq, North Korea, the United Kingdom or Austria, not recognized as a corporate entity (legal entity) falling within the jurisdiction of the above-mentioned countries; iii) performance of this Agreement shall by no means result in breach of legal requirements applicable to the Client, and of any other current obligations of the Client to any third parties; iv) performance of this Agreement shall by no means result in breach of orders of any decision of the competent court or administrative authority which is binding and valid in relation to the Client; v) if applicable, the Client obtained all necessary corporate approvals related to conclusion and performance of this Agreement in a proper manner, as set out in the corporate rules and procedures accepted by the Client; vi) in performing this Agreement any party committing any other acts related to performance of this Agreement on behalf of the Client is duly authorized by the latter to commit such acts and has no implied (implicit) limitations. c. general warranties applied to all Clients: i) the Client has read, understood and fully accepted the terms of this Agreement, and the terms of all applicable Regulatory Documents of the Company posted on its official Website: xxxx://xxx.xxxxxxxxx.xxxxxxx://xxx.xxxxxxxxxxx.xxx; ii) any and all information presented by the Client to the Company, in particular, in the course of registration on the Company’s official Website is true, accurate and complete. In case false, inaccurate or incomplete information is presented the Client warrants that all risks including but not limited to this, financial, related to this, shall be borne exclusively by the Client in full and without any waivers or disclaimers; iii) the Client did not obtain any warranties concerning success of Transactions with any Financial Instruments from the Company or any of the Company’s employees, both formally and informally, and did not enter into this Agreement in view of or confidence in prospective obtaining similar warranties in the future. 2.2. Any of the above-mentioned warranties should be valid as of the date of this Agreement and within the term of this Agreement. In case any of these warranties becomes invalid from time to time, then the Company shall reserve the right to terminate this Agreement unilaterally at its own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement. 2.3. The Company shall reserve the right at its own discretion and at any time to send the Client a demand for proving the validity of any of these warranties. In case of the Client’s disclaimer of obligation stipulated in this paragraph the Company shall reserve the right to terminate this Agreement unilaterally at own discretion giving notice thereof to the Client by any of means specified in paragraph 7.1. of this Agreement.

Appears in 1 contract

Samples: Customer Agreement

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