Common use of SUPPLIER CERTIFICATION Clause in Contracts

SUPPLIER CERTIFICATION. 5.1 In addition to the requirements listed in Section 4 of this Agreement, and pursuant to Section 24.3.2 of the Company’s Terms and Conditions, the Supplier hereby affirms the following: (a) Supplier is not operating under any chapter of bankruptcy laws and is not subject to liquidation or debt reduction procedures under state laws, such as an assignment for the benefit of creditors, or any information creditors’ committee agreement. (b) Supplier is not aware of any change in business conditions that would cause a substantial deterioration in its financial conditions, a condition of insolvency, or the inability to exist as an ongoing business entity. (c) Supplier has no delinquent balances outstanding for services previously provided by the Company, and Supplier has paid its account according to the established terms and not made deductions or withheld payment for claims not authorized by contract. (d) No significant collection lawsuits or judgments are outstanding that would materially affect Supplier’s ability to remain solvent as a business entity. (e) Supplier’s Massachusetts business advertising and marketing materials conform to all applicable Massachusetts state and federal laws and regulations. 5.2 Supplier shall promptly notify the Company of any material change in its financial condition as it relates to Supplier’s creditworthiness or solvency as a business enterprise. 5.3 Supplier shall notify the Company within twenty-four (24) hours in writing in the event that its certification to act as a Competitive Supplier, as provided in 220 C.M.R. 14.04, is acted upon by the MDPU in such a way that it materially affects Supplier’s performance under the Agreement, including but not limited to suspension, revocation, modification, or non-renewal. Consistent with Section 24.2.2 of the Company’s Terms and Conditions, revocation or non-renewal of Supplier’s registration shall be grounds for immediate termination of this Agreement by Company.

SUPPLIER CERTIFICATION. 5.1 A. In addition to the requirements listed in Section 4 IV of this Agreement, and pursuant to Section 24.3.2 of the Company’s Terms and Conditions, the Supplier hereby affirms the following: (a) 1. Supplier is not operating under any chapter of bankruptcy laws and is not subject to liquidation or debt reduction procedures under state laws, such as an assignment for the benefit of creditors, or any information creditors’ committee agreement.; (b) 2. Supplier is not aware of any change in business conditions that would cause a substantial deterioration in its financial conditions, a condition of insolvency, or the inability to exist as an ongoing business entity.; (c) 3. Supplier has no delinquent balances outstanding for services previously provided by the Company, and Supplier has paid its account according to the established terms and not made deductions or withheld payment for claims not authorized by contract.; (d) 4. No significant collection lawsuits or judgments are outstanding that would materially affect Supplier’s ability to remain solvent as a business entity.; (e) 5. Supplier’s Massachusetts business advertising and marketing materials conform to all applicable Massachusetts state and federal laws and regulations. 5.2 B. Supplier shall promptly notify the Company of any material change in its financial condition as it relates to Supplier’s creditworthiness or solvency as a business enterprise. 5.3 C. Supplier shall notify the Company within twenty-four (24) hours in writing in the event that its certification to act as a Competitive Supplier, as provided in 220 C.M.R. 14.04, is acted upon by the MDPU M.D.P.U. in such a way that it materially affects Supplier’s performance under the this Agreement, including but not limited to suspension, revocation, modification, or non-renewal. Consistent with Section 24.2.2 24.3.8 of the Company’s Terms and Conditions, revocation or non-renewal of Supplier’s registration certification shall be grounds for immediate termination of this Agreement by Company.