The Contractor's Representations and Warranties Sample Clauses

The Contractor's Representations and Warranties. 22.1 The Contractor hereby represents and warrants to the Bank that:- (i) it is duly incorporated under the laws of insert country of incorporation; (ii) there are no insolvency proceedings against it of any kind; (iii) it has all licenses and permits and fulfils all legal and administrative requirements that are necessary for the performance of this Contract; (iv) it has the sufficient resources and expertise to perform its obligations hereunder; (v) entry into and performance of this Contract shall not result in the breach of the relevant laws and its other agreements made with third persons; and (vi) upon the entry into the Contract it is not aware of any infringement of any rights of third parties caused by entering into this Contract. 22.2 The Contractor hereby represents and warrants to the Bank that the Services:- (i) conform in all respects to the description, design, technical specifications, requirements or standards contained/or referred to in the Contract and in particular with the Specifications; (ii) conform to any representations made by the Contractor or on behalf of the Contractor in its Proposal or during the process of contract negotiations; (iii) conform to all relevant Quality Standards and Good Industry Practice; (iv) shall be provided in a way that the Contractor shall comply with all rules, regulations, requirements and policies (including the policies of the Bank) applicable to and affecting the Site; and (v) shall by provided to the Bank and the Contractor shall not use the Site to provide any services to any third person without the Bank’s prior written consent. 22.3 The Contractor hereby represents and warrants to the Bank concerning the Materials that:- (i) it has and will continue to have the right to comply with Section 9 and to grant all the rights it grants or purports to grant to Bank pursuant to and in accordance with the terms of this Contract; (ii) there is no third party whose consent is necessary in order for the Bank to exercise the rights granted or purported to be granted to it by the Contractor pursuant to and in the terms of this Contract; and (iii) the rights granted or purported to be granted to the Bank by the Contractor pursuant to and in the terms of Section 9 do not infringe or violate any Intellectual Property Right of any third party.
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The Contractor's Representations and Warranties. 22.1 The Contractor hereby represents and warrants to the Bank that:- (i) it is duly incorporated under the laws of the Incorporation Country; (ii) there are no insolvency proceedings against it of any kind; (iii) it has all licenses and permits and fulfils all legal and administrative requirements that are necessary for the performance of this Contract; (iv) it has the sufficient resources and expertise to perform its obligations hereunder; (v) entry into and performance of this Contract shall not result in the breach of the relevant laws and its other agreements made with third persons; and (vi) upon the entry into the Contract it is not aware of any infringement of any rights of third parties caused by entering into this Contract. 22.2 The Contractor hereby represents and warrants to the Bank that the Works:- (i) conform in all respects to the description, design, technical Specifications, requirements or standards contained/or referred to in the Contract and in particular with the Specifications, Quality Standards and the Plans; (ii) conform to any representations made by the Contractor or on behalf of the Contractor in its Proposal or during the process of contract negotiations; (iii) conform to all relevant Quality Standards and Good Industry Practice; (iv) shall be provided in a way that the Contractor shall comply with any and all professional rules, regulations and requirements applicable to providing the Services; and (v) shall be provided in accordance with the Project Timeline.
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The Contractor's Representations and Warranties. The Contractor hereby represents and warrants that at the Signature Date and throughout the Agreement Period: (a) the Contractor is a company duly incorporated and validly existing under the laws of the country of its incorporation and has the corporate power and authority to enter into and perform its obligations under this Agreement and all necessary corporate, shareholder and other action has been taken to authorise the execution, delivery and performance of the same;
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The Contractor's Representations and Warranties. The Contractor represents and warrants to the Partnership the matters set forth in this Article III.
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The Contractor's Representations and Warranties 
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Related to The Contractor's Representations and Warranties

  • Contractor’s Representations and Warranties Contractor represents and warrants that neither the execution of this Agreement by Contractor, nor the acts contemplated hereby, nor compliance by Contractor with any provisions hereof will: a) Violate any provision of the charter documents of Contractor; b) Violate any laws, rules, regulations, or any judgment, decree, order, regulation or rule of any court or governmental authority applicable to Contractor; or c) Violate, or be in conflict with, or constitute a default under, or permit the termination of, or require the consent of any person under, any agreement to which Contractor may be bound, the occurrence of which in the aggregate would have a material adverse effect on the properties, business, prospects, earnings, assets, liabilities, or condition (financial or otherwise) of Contractor.

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Client Representations and Warranties 10.1 You, the Client, represent and warrant that as at the date of these Account Terms and at all times during these Account Terms: if you are a legal entity other than a natural person, the Client is duly organised and validly existing (or, if a natural person, you are of legal age to make binding agreements and are not under a legal disability or incapacity which would make these Account Terms unenforceable or invalid) and you have full power and authority to enter into, and has taken all necessary steps to enable it lawfully to enter into, these Account Terms and the Transactions and obligations under it; the person executing (for the Client) the application for an agreement on these Account Terms has full power and authority to execute these Account Terms on behalf of the Client, and bind the entity (whether a natural person, company, partnership or otherwise); these Account Terms constitutes a legal, valid and binding obligation of the Client; if the Client is more than one person they will each be jointly (that is, together) and severally (that is, individually fully) liable under these Account Terms; if the Client is a corporation, you have been and remain duly formed under the laws of the place of its incorporation and has power and authority to deal in the Admiral Products offered by Admiral, and the person executing the Application Form on these Account Terms has full power and authority to execute (for the Client) the application for an agreement on these Account Terms; if the Client is one or more persons acting as a partnership in relation to these Account Terms, the Client and each other partner has power and authority to deal in Transactions and to be bound by these Account Terms, and the person executing the Application Form on these Account Terms has full power and authority to execute these Account Terms on behalf of all of the partners; if the Client is a Trustee, the trust deed specifically empowers and authorises dealings in the Admiral Products covered by these Account Terms, and such dealings are within the authorised ambit of the Trust’s investment strategy; if the Client is comprised of two or more persons (that is, holding a joint Account), that all such decisions made, and instructions issued, pursuant to these Account Terms, are made on a fully informed and agreed basis by all the parties to the joint Account; a Client may be comprised of two or more persons. If the client is comprised of more than one person then the Account will be deemed to be held by the persons as joint tenants despite any actual or constructive notice to Admiral of any partnership or other agreement between the persons. The joint holding will be only be deemed not to be held as joint tenants if Admiral expressly agrees that in writing that the persons consisting the client hold the Account as tenants in common in equal shares or by a court determination of that it is not held as joint tenants; if the Client is an investment manager or a responsible entity, the investment management agreement or fund constitution specifically empowers and authorises dealings in the Admiral Products, by the Client and on behalf of their underlying clients or investors; and such dealings are within the authorised ambit of each underlying client’s investment strategy; it will enter into Transactions pursuant to the applicable investment management agreement as investment manager or responsible entity and not otherwise; (iii) it will only deal in Admiral Products when the funds or other assets under its control are sufficient to meet the obligations which arise in connection with such dealing; and if your appointment as investment manager or responsible entity is terminated, it is authorised to arrange for Closing Out of all Transactions entered into on behalf of the Client prior to the date of such termination as soon as possible; is not an employee or the close relative of an employee of any exchange participant; you have read these Account Terms and any product disclosure statement issued by Admiral in relation to the Admiral Products and Transactions relevant to the Account (including the disclosures of significant risks); you have considered your objectives and financial situation and you have had a reasonable opportunity to obtain appropriate independent advice prior to entering into these Account Terms, and has formed the opinion that dealing in the Admiral Products is suitable for your needs and purposes; the Client is willing and able, financially and otherwise, to assume the risk of trading in high risk investments, Transactions using Margin and all other Transactions covered by these Account Terms; all information supplied to Admiral by the Client is, or at the time it is supplied will be, accurate in all material respects and the Client will not omit or withhold any information which would make such information inaccurate in any material respect; you will rely upon your own knowledge and judgment and will seek such advice (financial or otherwise) as may be prudent before placing an Order with Admiral and you assume full responsibility for any Order placed with Admiral; you fully understand the relevant provisions of: the prohibition of false or misleading markets and other market manipulation as described in Applicable Laws and section 1041A of the Corporations Act; the prohibition of xxxxxxx xxxxxxx as described in section 1043A of the Corporations Act; the prohibition of false trading and market rigging as described in sections 1041B and 1041C of the Corporations Act; the prohibition of misleading and deceptive conduct described in section 1041H of the Corporations Act; and Applicable Laws and, to the extent your investing in Admiral Products have Underlying Reference Instruments which are governed by the Corporations Act, the conditions upon which short selling is permitted on the ASX and the disclosure obligations are imposed on short sellers. You will notify Admiral if you are funding your account using superannuation as that may impact your classification as a retail or wholesale client. You acknowledge to us that you have received or downloaded, and read and understood the TMD document and you agree that you are within the class of consumers described in our TMD.

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