SUPPLIER’s Representation. SUPPLER represents and warrants that the practices and policies, including any prices or discounts extended to DISTRIBUTOR in connection with the Products, comply with all applicable laws and are not, and will not be, less favorable than those extended to other purchasers of similar quantities of Products from SUPPLIER for resale or other distribution.
SUPPLIER’s Representation. Sale of Supplier’s product to Buyer does not and will not violate any State laws, rules or regulations. Supplier has the full rights to sell its product. Supplier’s sale of product to Buyer and subsequent resale to Buyer’s customers does not and will not violate any trademark, patent, service xxxx, trade secret or similar such right. Buyer’s Representation Both Buyers, their agents and/or representatives, shall not violate any state laws, International laws, rules or regulations in the purchase, sale or resale of any of Supplier’s products. WAIVER OF JURY TRIAL: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES EACH HEREBY IRREVOCABLY AND EXPRESSLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTER CLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY OR THE PARTY’S ACTIONS IN THE NEGOTIATION, ADMINISTRATION, OR ENFORCEMENT HEREOF OR THEREOF. THE PARTIES ACKNOWLEDGE THAT SUCH WAIVER IS MADE WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE NATURE OF THE RIGHTS AND BENEFITS WAIVED HEREBY, AND WITH THE BENEFIT OF ADVICE FROM CHOSEN COUNSEL. The parties each prefer that any dispute between them be resolved without litigation subject to the Jury Trial Waiver set forth herein, but the Cameroon Supreme Court has held that such pre-dispute jury trial waivers are unenforceable. The following section will be applicable until: (i) the Cameroon Supreme Court holds that a pre- dispute jury trial waiver provision similar to that contained in herein is valid or enforceable; or (ii) the Cameroon Legislature passes legislation. ACCORDINGLY, THE PARTIES EACH AGREE THAT ANY CIVIL ACTION OR PROCEEDING INVOLVING A DISPUTE ARISING OUT OF OR RELATING TO THIS NOTE SHALL BE TRIED SOLELY THROUGH A JUDICIAL REFEREE. THE PARTIES EACH FURTHER AGREES TO THE APPOINTMENT OF CASSVITA COMPANY LAWYER AS THE REFEREE APPOINTED TO CONDUCT THE TRIAL AND SUCH OTHER RELATED PROCEEDINGS. THE PARTIES FURTHER AGREES THAT THE FILING OF ANY LAW AND MOTION HEARINGS OR THE INITIATION OF ANY HEARINGS TO OBTAIN ANY FORM OF A PREJUDGMENT REMEDY SHALL NOT OPERATE AS A WAIVER OF THE PARTIES RIGHT TO TRIAL SOLELY THROUGH A JUDICIAL REFEREE. THE PARTIES EACH ACKNOWLEDGES THAT THE JUDICIAL REFEREE WILL LIKELY CHARGE FEES AND COSTS OVER AND ABOVE THE FEES AND COSTS NORMALLY CHARGED BY A COURT. THE PARTIES EACH AGREE TO INITIALLY EVENLY SPLIT THE FEES AND COSTS OF SUCH REFEREE BE...
SUPPLIER’s Representation. The Supplier represents and warrants that it has the personnel, experience, qualifications, facilities and all other skills and resources necessary to perform its obligations under the Agreement.
SUPPLIER’s Representation. Supplier represents and warrants that its practices and policies, including prices and discounts, comply with all applicable laws. Such prices and discounts will not be less favorable than those extended to other purchasers of similar quantities of products from Supplier for resale or other distribution.
SUPPLIER’s Representation. Supplier represents and warrants that it understands and will comply with the foregoing obligations and restrictions, and that Supplier has no intent or reason to believe it will violate them.
