Common use of The Network Service Provider Clause in Contracts

The Network Service Provider. The Network Service Provider hereby represents and warrants to the Eurosystem that (a) it has all necessary permits, consents and approvals from government authorities required to enter into this Contract, to design, develop, implement and operate the Network and to provide the Connectivity Services and to perform its other obligations under this Contract; (b) except to the extent that pursuant to this Contract such hardware or software is to be provided by the Eurosystem or the Di.Co.A., it has all necessary rights and ownership interests, including ownership of, or rights of use or licenses with respect to, Intellectual Property Rights, in the hardware and software to be used in connection with the design, development, implementation and operation of the Network and the provision of the Connectivity Services, in particular, but without limitation, the right to use any Embedded Software; (c) the Network originally designed, developed and implemented by the Network Service Provider complies with the Specifications and is fit for the purposes intended by the Eurosystem and the Di.Co.A. as they are described in this Contract and the Specifications; and (d) its professional staff and other resources assigned to the operation of the Network and the provision of the Connectivity Services are sufficiently trained and experienced to perform its obligations under this Contract in accordance with generally accepted industry standards and best industry practice; (e) no statement made and no information provided by the Network Service Provider during the procedure for its selection as set out in the Awarding Rules or in the Contract Notice, in particular in any documents submitted by it to the Banca d'Italia, or in connection with the awarding of the Concession or the entering into of this Contract was at the time it was made or provided, or is at the date hereof, untrue, incorrect or misleading; (f) at the time it submitted its offer it fulfilled, and on the date hereof it fulfils, all requirements and prerequisites for the participation in the procedure for its selection, in particular those set out in the Awarding Rules.