Representations and Warranties of the Customer Sample Clauses

Representations and Warranties of the Customer. 4.1 The Customer hereby represents and warrants as of the date this Agreement come into effect and as of the date of each FX Transaction, (which representations and warranties the Customer acknowledges will be relied upon by RBCIS) that: (a) it has full power to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services, and to perform its obligations thereunder; (b) all necessary approvals and consents and requirements necessary to permit the Customer to enter into and to accept this Agreement and any other documentation relating to the provision of FX Services and to perform its obligations thereunder, have been obtained or fulfilled, and such approvals and consents are in full force and effect and all conditions thereof have been complied with; (c) where applicable, all required disclosures have been made to the Customer’s unitholders or shareholders and/or underlying beneficiaries, the appropriate agencies, regulatory authorities and all other relevant parties in connection with the FX Services; (d) in respect of each FX Transaction: (i) the Customer is entering into each FX Transaction as principal and acting for its own account, and it has made its own independent decisions to enter into each FX Transaction and as to whether that FX Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisors as it has deemed necessary; (ii) the Customer is not relying on any communication (written or oral) from RBCIS as investment advice or as a recommendation to enter into such FX Transaction; it being understood that information and explanations related to the terms and conditions of a FX Transaction shall not be considered investment advice or a recommendation to enter into such FX Transaction and no communication (written or oral) received from RBCIS shall be deemed to be an assurance or guarantee as to the expected results of such FX Transaction; (iii) the Customer is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of such FX Transaction and it is also capable of assuming and assumes, the risks of such FX Transaction; and (iv) RBCIS is not acting as a fiduciary for or as an advisor to the Customer. (e) the Customer is not (and will not be while there are any FX Transactions outstanding) a “U.S. person” as that term is currently defined in ...

Representations and Warranties of the Customer. The Customer makes the following representations and warranties to the System Lessor, the Provider and the Owner Participant as of the date hereof, which shall survive the execution and delivery of this Consent and the Assigned Agreement and the consummation of the transactions contemplated hereby and thereby:

Representations and Warranties of the Customer. The Customer hereby represents and warrants that: (a) It has the power to enter into and perform its obligations under this Agreement, and has duly executed this Agreement so as to constitute a valid and binding obligation of the Customer. (b) Neither the execution and delivery nor the performance of this Agreement (including the payment of fees to the Investment Manager) will violate any Applicable Requirements or applicable court order, nor will the same constitute a breach of, or default under, provisions of any agreement or contract to which it is a party or by which it is bound and, assuming the accuracy of sub-clause 6.1(c) above, all required regulatory filings and notices, if any, have been made, and if necessary, approvals received (or applicable waiting or notice periods lapsed) in connection with this Agreement.

Representations and Warranties of the Customer. 2.1. By entering into this Agreement, the Customer makes the following representations and warranties: 2.1.1. there are no circumstances and grounds for the occurrence of such circumstances in the future that would exclude, prevent or delay fully or partially the performance of the obligations set out in or arising from the Agreement; 2.1.2. the Client has become acquainted with the rented Equipment before the conclusion of the Agreement, is aware of its technical condition, and of the fact that the Equipment accepted by the Client is in working condition and the Client has no claims. 2.1.3. the Customer has been sufficiently informed and instructed by the Company regarding the use of the Equipment, safety requirements and maintenance; 2.1.4. the Customer has all the necessary and required skills for the technical use of the Equipment; 2.1.5. the Customer agrees with the disclosure of their debts in public debts registers and to third persons.

Representations and Warranties of the Customer. The Customer makes the following additional representations and warranties in respect of Transactions under this Chapter. These representations and warranties shall be deemed repeated on a continuous basis for so long as the Customer has any Account or any Transaction with the Bank under this Chapter: I. The Customer is not residing or possessing residency rights in any country that has any restrictions on the Customer in investing in Transactions available under these Terms. If the Customer becomes a resident of such country(ies), the Customer shall forthwith inform the Bank and agree to terminate the related transactions immediately at the request of the Bank. II. When the Customer enters into any Transactions according to these Terms with the Bank, the Customer shall ensure that the Customer or any person whom the Customer represents is not prohibited from entering into such Transaction. In jurisdictions restricting foreign ownership of securities, the Bank shall have no duty to ascertain the nationality of the owner of the securities or investment products or that the securities or investment products deposited are approved for foreign ownership unless otherwise agreed with the Customer.

Representations and Warranties of the Customer. In addition to any other representations, warranties and covenants given to the Company under this Agreement, the Customer represents, warrants and covenants to the Company that, at the date hereof, and at all times during the Term: (a) the quality, pressure and temperature of the gas delivered by or on behalf of the Customer hereunder shall conform to the minimum standards of the Gas Transporter/s and such gas shall otherwise be marketable gas; and (b) all necessary action has been taken by the Customer to authorize the execution, delivery and performance by the Customer of this Agreement and this Agreement constitutes a legal, valid and binding obligation enforceable against the Customer in accordance with its terms.

Representations and Warranties of the Customer. The Customer hereby represents and warrants that the information set forth in the Client and Property Information Sheet is true and correct.

Representations and Warranties of the Customer. The Customer represents and warrants to the Contractor that: (i) it shall obtain and maintain all necessary permits, registrations and licenses required for it to perform its obligations to the Contractor under this Agreement and shall comply with all laws, rules and regulations of any governmental body which may be applicable thereto, required for it to perform its obligations to the Contractor under this Agreement; and (ii) it has full right and authority to enter into this Agreement without the consent or approval of any third party.

Representations and Warranties of the Customer. The Customer represents and warrants: (a) The Customer will not use any of the Services or any part thereof for personal, family, or household purposes; (b) The Customer is free to enter into the Agreement and has not made, and will not make, any agreement or commitment that would prevent or interfere in any manner with the Customer’s fully performing and discharging all duties and obligations required of it (c) In the making or performance of the Agreement, the Customer has not and will not knowingly violate any laws, orders or regulations, or the rights, legal or equitable, of anyone; (d) The Customer agrees to procure promptly any licenses or certificates that may be required in the performance of the Agreement or any contract, agreement, or understanding, which is required, necessary, or appropriate in connection with or underlying the Agreement and to provide the Bank, as the Bank may at any time require or request, with copies of documents, agreements or other information and evidence of the foregoing; (e) The Customer is duly formed, validly existing and in good standing under the laws of the state of its organization and has all requisite corporate power to own its properties and to conduct its business as currently conducted; (f) The Customer will use the Services in a safe, proper, and professional manner and not engage in any activity which may or is likely to injure or damage the Bank, any employee of the Bank, any third party, or any records, databases, software, equipment, files or information, and the Customer will not use the Services in any manner in violation of any law or regulation; (g) When signed by the Customer, the Agreement shall be a valid and binding obligation of the Customer, enforceable against it in accordance with its terms; (h) Neither the execution nor delivery of the Agreement by the Customer, nor the performance by it of any terms or provisions hereof, will constitute a breach of, or a default under (1) its certificate of incorporation, bylaws, partnership or other governing documents; (2) any agreement, contract, instrument or other arrangement to which it is a party or by which any of its assets or properties are bound or affected; (3) any judgment, order, ruling, writ or pronouncement of any court or other tribunal (judicial, administrative or arbitral) having jurisdiction; and (i) The Customer is duly authorized to execute and deliver the Agreement and to enter into the transactions contemplated under the terms of th...

Representations and Warranties of the Customer. In addition to any other representations, warranties and covenants given to the Company under this Agreement, the Customer represents, warrants and covenants to the Company that at the date hereof and at all times during the Term: (a) all necessary action has been taken by the Customer to authorize the execution, delivery and performance by the Customer of this Agreement and this Agreement constitutes a legal, valid and binding obligation enforceable against the Customer in accordance with its terms; (b) the Customer shall have good and marketable title in and to the gas to be delivered to the Company and shall be entitled to deliver and, where applicable, sell such gas to the Company in accordance with the terms of this Agreement, free and clear of any adverse claim of any nature or kind whatsoever; and (c) gas delivered to the Company by or for the Customer will not be subject to any royalties, taxes (federal and/or provincial) or other charges payable by, or that may become a liability of, the Company and the purchases by the Company from the Customer contemplated hereunder will not result in any liability to the Company for royalties, taxes (federal and/or provincial but not income taxes) or like charges which are applicable before possession of and title to such gas passes to the Company, and acknowledges and agrees that the Company is relying on the accuracy of each of such representations and warranties in connection with the entering into of this Agreement and the acceptance by the Company of all Nominations made by the Customer.