Common use of Representations of the SENDER Clause in Contracts

Representations of the SENDER. The Sender represents, in favor and to the benefit of Cenit, that: (a) It is a company with presence in the Republic of Colombia, established according to the Colombian legislation. (b) Is fully qualified according to the laws of the Republic of Colombia, its corporate by – laws and other provisions of a corporate nature to enter into this Agreement and comply with the obligations acquired by virtue of it, and the execution and performance thereof have been authorized according to all the corporate requirements and other corresponding authorizations. (c) The execution and performance of the Agreement is not a breach or default of the terms or provisions of any agreement or contract in which it is party, its by – laws, or any law, regulation or court order. (d) This Agreement is a valid and binding obligation of the Sender and is enforceable according to the terms and conditions thereof, excepting for the general rights of the creditors under reorganization or business liquidation proceedings. (e) Knows and accepts the Transporter’s Manual of the Pipeline in all of its terms, which is integrally applicable to this Agreement. (f) It is not a person or entity that has been forbidden to enter into transactions or negotiations for persons of the United States of America, under any of the programs of sanction of the United States of America by the Office of Foreign Assets Control (“OFAC”) of the Treasury Department of the United States of America; or that has been included or is included in future within the sanctions imposed, among other, under the U. N. Security Council, the European Union or Switzerland. (g) Understands that this Agreement is subject to the legislation in force, Resolution 72145 of 2014 and Resolution 72146 of 2014, or those that amend, add to or repeal them, as well as to the Transporter’s Manual and its annexes, all of which it knows.