Representations and Warranties of User. User hereby represents and warrants to, and covenants with, Operator that on the date hereof, and at all times during the Service Period:
(a) User is an individual resident of the State of Tennessee, of full age, and has all necessary authority to execute, deliver and perform this Agreement.
(b) This Agreement constitutes the valid and binding obligations of User enforceable against User in accordance with its terms.
(c) The Aircraft shall be used hereunder only for User’s own purposes, and not for providing transportation of passengers or cargo to others for compensation or hire or for any unlawful purpose.
Representations and Warranties of User. User represents and warrants to XXX.Xxxxxx, as of the Effective Date and each date on which User Delegated Token Rights to XXX.Xxxxxx, that:
13.2.1 User has all required capacity, authority and power to enter into and perform its obligations under this Agreement, and this Agreement constitutes a legal, valid and binding obligation of User enforceable against XXX.Xxxxxx in accordance with its terms and conditions, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and principles of equity;
13.2.2 User does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any Law applicable to User, or contract or agreement to which User is a party or by which User is bound;
13.2.3 User has all right, title, and interest in and to the Tokens;
13.2.4 If User is an individual, User is of legal age in the jurisdiction in which User resides and is of sound mind and body. If User is a business entity (“Business Entity“), User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted;
13.2.5 User understands and agrees that neither User’s Delegation of Token Rights to XXX.Xxxxxx, nor XXX.Xxxxxx’s provision of the Services hereunder:
13.2.5.1. represents or constitutes a loan or a contribution of capital to, or other investment in, XXX.Xxxxxx;
13.2.5.2. provides User with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in, XXX.Xxxxxx;
13.2.5.3. creates or implies any fiduciary or other agency relationship between XXX.Xxxxxx or any of its directors, officers, employees, agents or Affiliates and User or entitles User to any fiduciary duty or similar duty on the part of any of the foregoing Persons.
13.2.6 User is not entering into this Agreement or Delegating Token Rights to XXX.Xxxxxx for the purpose of making an investment with respect to XXX.Xxxxxx or its securities, but solely wishes to receive the Services from XXX.Xxxxxx;
13.2.7 User is knowledgeable, experienced and sophisticated in using and evaluating the Supported Network and similar technologies. User has conducted its own thorough ...
Representations and Warranties of User. User represents and warrants that
(i) User is an individual; (ii) User will only use the Software and Content in accordance with the terms of this Agreement, and will not commit, directly or through others, any act expressly prohibited by the terms of Section 2(c) above, nor will it cause, permit or encourage any other person or entity to perform such acts; and (ii) it will use reasonable care to protect the security of its computers, networks, and Portable Devices against unauthorized or improper access, use, or dissemination of the Software and the Content.
Representations and Warranties of User. User represents and warrants that:
5.01 It is a corporation duly organized, validly existing and in good standing under the laws of the State of New Jersey and is, and will at all times material hereto continue to be, registered in good standing as a transfer agent with the appropriate regulatory agency (as defined in the Securities Exchange Act of 1934) ;
5.02 It has the requisite power and authority under applicable laws, agreements with the Funds it services, and its Articles of Incorporation and bylaws, and has taken all action necessary for it to enter into and employ IFSC to perform the services contemplated by and to fulfill this Agreement, and this Agreement has been duly executed and delivered by User and constitutes a legal, valid and binding obligation of User, enforceable in accordance with its terms;
Representations and Warranties of User. User represents and warrants to Licensor:
4.1. User is of legal age and sufficient authority to enter a binding agreement.
4.2. All personal data supplied to Licensor will be complete and accurate to the best of User’s ability. User will not impersonate any person or entity or otherwise misrepresent themselves to maliciously access the Services.
4.3. User will not attempt to recreate or otherwise reproduce any of the Services and will not use the Services for the purpose of any unlawful, defamatory, obscene, trade libelous, threatening, harassing, tortious, hateful, racial, ethnic, or religious reason.
Representations and Warranties of User. User hereby represents and warrants to P-OPS Team, as of the date of entering into these Terms and as of each date that User has any Validation Rights that are Delegated to P-OPS Team:
Representations and Warranties of User. User hereby represents and warrants to the Seam, as of the Effective Date, and the date of any use by User of the System, that:
(a) User understands and acknowledges that the Seam provides Users with a system that enables Users to negotiate the terms of, and enter into, bilateral Purchase and Sale Transactions as a result of communications exchanged by the Users.
(b) User understands and acknowledges that the System does not enable Users to negotiate the terms of, or enter into, bilateral Purchase and Sale Transactions as a result of an interaction of multiple bids and
(c) User understands and acknowledges that the Seam is not a party to any Purchase and Sale Transaction entered into by User via the System.
(d) User has made and will make its own review of the creditworthiness of the Counter parties it has designated and/or will designate as Approved Counter parties and agrees that it has not relied upon, nor has the Seam made, any representation, express or otherwise, with respect to any Approved Counter party.
(e) User understands and acknowledges that this User Agreement, the Purchase and Sale Transaction Reconfirmation, and the Seam International Rules may not address User’s individual tax and other circumstances and that User will consult its own legal advisor to determine the consequences of entering into Purchase and Sale Transactions governed by the Seam International Rules and the Seam International Purchase and Sale Transaction Reconfirmation and whether User should enter into such Purchase and Sale Transactions.
(f) User understands and acknowledges that the Seam may, in its sole discretion, with or without cause or prior notice to User, temporarily or permanently cease to operate the System, temporarily or permanently cease to make certain commodity products available or suspend, terminate or restrict User's access to and utilization of the System. In such event any completed Purchase and Sale Transaction between User and a Counter party will remain in effect, and, if desired or necessary, User and Counter party will communicate directly with one another with respect to such Purchase and Sale Transaction. User understands and acknowledges that its access to and utilization of the System may be monitored by the Seam.
(g) User agrees to provide records and other relevant information reasonably requested by the Seam regarding Purchase and Sale Transactions on the System by the deadline prescribed by the Seam and that such information will be accur...
Representations and Warranties of User. By your acceptance of this Agreement and use of the LIQWID Service, you represent and warrant to LIQWID that: (A) all of the information provided or to be provided to LIQWID in connection with your execution of this Agreement and your use of the LIQWID Service is correct and that you will notify LIQWID (and provide updated information) if any such information changes during the term of this Agreement; (B) you own all right, title, and interest, including all Intellectual Property (as defined below) rights, in and to the Site(s), or the owner of the Site(s) has authorized you to use the LIQWID Service in connection with such Site(s) and to accept this Agreement on its behalf; (C) you have all necessary and appropriate rights, authority, and ability to enter into and perform all of your obligations and duties arising under this Agreement; and (D) each Site and all of its content and technology (1) comply with all applicable federal, state, local or foreign laws, treaties, pacts, statutes, ordinances, rules, authorizations, regulations, judgments, orders, injunctions, decrees, arbitration awards, requirements, and other legally binding enactments and pronouncements (the "Laws"); (2) do not breach, have not breached, and will not breach any duty owed to, or rights of, any other Person, including any Intellectual Property rights or any rights or duties owed to any Person in strict liability, tort, contract, or otherwise; and (3) are not pornographic, defamatory, violent, hateful, or illegal. As used in this Agreement, the term “
Representations and Warranties of User. Correct as of Service ------------------------------------------------------------ Commencement Date. Each representation and warranty of User set forth in Section ----------------- 4 hereof shall be true and correct when made and as of the Service Commencement Date. Upon request, User shall deliver to PBS a written statement to this effect, certified by an authorized officer of User.
Representations and Warranties of User. User hereby represents and warrants as of the date hereof to Provider as follows:
