WARRANTIES AND REPRESENTATIONS OF CLIENT. In order to induce Purchaser to enter into this Agreement and purchase Accounts under the terms hereof, and with full knowledge that the truth and accuracy of the warranties and representations set forth in this Agreement are being relied upon by Purchaser, because, among other reasons, time is of the essence and a substantial delay in the purchase of Accounts by Purchaser could be caused by a complete credit investigation of each Customer, Client warrants and represents to Purchaser now, and during the term of this Agreement, that:
WARRANTIES AND REPRESENTATIONS OF CLIENT. Client represents and warrants that (i) it has validly entered into this Agreement and has the legal power to do so, (ii) Client will possess all necessary and required authority and permissions to permit Benefitfocus to perform all the obligations under this Agreement; and (iii) the Services provided by Benefitfocus shall not include or imply any discretionary authority by Benefitfocus over the operation of the Client benefit plan in any manner that would cause Benefitfocus to be deemed a "fiduciary", trustee, plan administrator or named fiduciary of the Client benefit plan pursuant to ERISA or any applicable law; and (iv) Client will make all necessary arrangements with its third party vendors to cause such vendors to send and receive Client Data from Benefitfocus as required for Benefitfocus to perform the Services. VIII. DISCLAIMERS & LIMITATION OF LIABILITY
WARRANTIES AND REPRESENTATIONS OF CLIENT. Client represents and warrants to Corporation as follows:
WARRANTIES AND REPRESENTATIONS OF CLIENT. (a) Client has good and sufficient corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder. This Agreement has been duly authorized, executed and delivered by Client and, assuming due authorization, execution and delivery by Client, constitutes the legal, valid and binding obligation of Client enforceable against Client in accordance with its terms.
WARRANTIES AND REPRESENTATIONS OF CLIENT. Client warrants and represents the following:
