Representations of Service Provider. Service Provider represents to Globetech that Service Provider is authorized to enter into this Agreement and to carry out the terms set out herein and that execution of this Agreement and carrying out of the terms hereof will not breach any contracts or other obligations to which Service Provider is a party.
Representations of Service Provider. By written acceptance of this Servicing Agreement, the Service Provider represents, warrants and agrees that: (i) to the best of the Service Provider's knowledge, no services provided hereunder will be primarily intended to result in the sale of any Shares; (ii) the compensation payable hereunder, together with any other compensation the Service Provider receives from Customers for services contemplated by this Servicing Agreement, will be disclosed to Customers, and such compensation will be permitted by, and not be excessive or unreasonable under, the laws and instruments governing the Service Providers relationship with Customers; and (iii) in the event an issue pertaining to the Plan is submitted for shareholder approval, the Service Provider will vote any Shares held for the Service Provider's own account in the same proportion as the vote of those shares held for Customer accounts.
Representations of Service Provider. The Service Provider represents and warrants to the Company that:
Representations of Service Provider. Service Provider represents and warrants that the following are true and shall remain true through the term of this Agreement:
(a) Service Provider is a corporation duly organized and existing in good standing under the laws of the State of New York.
(b) Service Provider is authorized to enter into and perform all of its duties under this Agreement.
(c) Service Provider is not and shall not be a "fiduciary" with respect to the provision of the Services for any Plan as such term is defined in Section 3(21) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and Section 4975 of the Internal Revenue Code of 1986, as amended (the "Code").
(d) This Agreement constitutes a legal, valid and binding obligation of the Service Provider, and is fully enforceable against the Service Provider in accordance with its terms.
(e) To the extent applicable, Service Provider is registered with the appropriate securities authorities in all states in which its activities make such registration necessary.
(f) To the best of its knowledge, Service Provider is in material conformity with all applicable federal and state laws and related regulations.
(g) Service Provider is the owner of the shares in the Funds on behalf of the Plans and is authorized to act on behalf of each Plan effecting transactions in its Account.
Representations of Service Provider. The Service Provider has submitted to the Village a description of the services to be provided by the Service Provider, a copy of which is attached as Exhibit B to this Agreement ("Scope of Work and SLA’s"). The Service Provider represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the IT Services set forth in Exhibit B in a manner consistent with the standards of professional practice by recognized consulting/IT firms providing services of a similar nature.
Representations of Service Provider. The Service Provider represents, warrants and covenants to and in favour of the AESO that as of the date of this Agreement and continuing throughout the Term:
Representations of Service Provider
