Representations and Warranties of the Marketing Agent. The Marketing Agent represents and warrants and covenants the following:
Representations and Warranties of the Marketing Agent. The Marketing Agent represents and warrants to Owner that it has substantial experience in the marketing of tomatoes and that the On-Site Supervisor shall either have substantial experience in the marketing of tomatoes, or shall have been trained by a person with substantial experience in the marketing of tomatoes. The Marketing Agent is a limited liability company duly organized and validly existing under the laws of the State of Delaware. The Marketing Agent's execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized by all requisite action on the part of the Marketing Agent and this Agreement constitutes the Marketing Agent's legal, valid and binding obligation, enforceable against the Marketing Agent in accordance with its terms. The Marketing Agent's execution and delivery of this contract and the performance of its obligations hereunder will not conflict with, violate or result in a default under the Marketing Agent's certificate of formation or operating agreement or any mortgage, indenture, agreement, instrument or other contract to which the Marketing Agent is a party or by which the Marketing Agent is bound.
