WARRANTIES AND REPRESENTATIONS OF CUSTOMER Sample Clauses

WARRANTIES AND REPRESENTATIONS OF CUSTOMER. Each Customer does hereby warrant, represent, covenant and agree with the other Parties as follows: (a) Customer is a duly constituted governmental entity that possesses the full power and authority to acknowledge and be bound by the terms of this Power Purchase Agreement, and to perform its financial and other obligations hereunder; (b) Customer has obtained all authorizations, consents and approvals that are required in order for Customer to acknowledge, be bound by the terms of, and deliver this Power Purchase Agreement, and perform its financial and other obligations hereunder; (c) The performance by the Customer of its obligations hereunder does not conflict with the Customer constituent documents, bylaws and/or resolutions, or otherwise conflict with or be in violation of any other indenture, loan agreement, covenant, condition, order, agreement or other obligation to which the Customer is a party or is otherwise bound; and (d) Customer shall purchase and acquire the Electricity from Service Provider under this Power Purchase Agreement and Local Unit License Agreement during the Initial Term and any extensions hereto, and shall not otherwise look to or utilize any other entity as the source of Electricity until after Customer has acquired all of the Electricity that the Renewable Energy Projects is capable of producing.
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WARRANTIES AND REPRESENTATIONS OF CUSTOMER. Customer warrants and represents to SPS that: (a) X Customer will not connect any electrical generating equipment to SPS's system except in accordance with SPS rules and regulations as approved by the regulatory authority having jurisdiction; (b) Customer will use all electricity delivered pursuant to this Agreement for Customer's sole consumption; (c) Customer will not increase its load above that provided in Section 5 without the prior written approval of SPS; (d) Customer will provide and maintain protective equipment compatible with SPS's protective equipment; (e) Customer will provide and X maintain protective equipment to protect Customer's equipment from damage which could be caused by low or unbalanced voltage; (f) Customer will limit motor sizes and motor starting conditions to a level agreed upon by Customer and SPS; and (g) Customer will install and maintain its wiring and electrical equipment in accordance with specifications at least equal to those prescribed by the current or applicable National Electric Code, and will operate its electrical equipment in a manner that will not interfere with SPS's service to its other customers. X
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WARRANTIES AND REPRESENTATIONS OF CUSTOMER. CUSTOMER hereby warrants and represents each of the following: A: That CUSTOMER has received, read and understands the Risk Disclosure Statement, Customer Account Terms and Conditions Booklet, and Administrative Charges, heretofore delivered by CORNERSTONE ASSET METALS to CUSTOMER, all of which are by this reference fully incorporated herein, as though fully set forth herein. Further, customer acknowledges that all schedules are subject to change without notice.
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WARRANTIES AND REPRESENTATIONS OF CUSTOMER. CUSTOMER hereby warrants and represents each of the following: A. That Customer has received, read and understands the Risk Disclosure Statement, Customer Account Terms and Conditions, and Administrative Charges, heretofore delivered by PMI, all of which are by this reference fully incorporated herein, as though fully set forth herein. Further, customer acknowledges that all schedules are subject to change without notice. B. That Customer is of legal age and capacity to enter into this Agreement, and is financially able to enter into this Agreement with the ability to sustain losses equivalent to at least the value of the customer’s account maintained with PMI, which if said losses occurred, same would have nothing more than a minimal effect on customer’s net worth. C. That Customer has read and understands this Agreement and desires to open an account with PMI for the purpose of conducting purchase and/or sell transactions of products upon the terms and subject to the conditions herein set forth, or set forth in any other document or disclosure delivered to customer by PMI. D. That Customer is independently aware of the numerous risks associated with the purchase and sale of Precious Metals Products, notwithstanding the disclosure of same as in the Risk Disclosure Statement, and other documents provided to the customer by PMI.
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Related to WARRANTIES AND REPRESENTATIONS OF CUSTOMER

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • WARRANTIES AND REPRESENTATION 34.1 Neither of the Parties will be bound by any express or implied term, representation, warranty, promise or the like, not recorded herein.

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing:

  • Seller’s Warranties and Representations The matters set forth in this Section 11.1 constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. If Seller learns of, or has a reason to believe that any of the representations and warranties contained in this Article 11 may cease to be true and correct, Seller shall give prompt notice to Purchaser (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) and, in such event, Purchaser may terminate this Agreement, upon written notice to Seller, without recourse against Seller; provided, however; Seller cannot act voluntary in a manner which would cause a representation and warranty to become materially incorrect or inaccurate. As used in this Section 11.1, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual current knowledge of Xxxx Xxxxxxx, with respect to water and sewage issues only, Xxxxxx Xxxxxx, Xxxx Xxxxxxxxx, Xxxx Xxxxxx, Xxx Xxxxxxxx and Xxxxx Xxxxxx whom Seller represents to be the representatives of Seller having the responsibility for the management and sale of the Golf Course and accordingly the individuals responsible for being informed of matters relevant to this Agreement. There shall be no duty imposed or implied to investigate, inspect, or audit any such matters, and there shall be no imputed or personal liability on the part of such individuals. To the extent Purchaser has or acquires actual knowledge prior to the Closing Date that these representations and warranties are inaccurate, untrue or incorrect in any way, Purchaser may proceed to Closing without reduction in the Purchase Price and without recourse against Seller for such misrepresentation, in which even such representation or warranties shall be deemed modified to reflect Purchaser’s actual knowledge.

  • Representations and Warranties of Customer The Customer represents and warrants to the Transfer Agent that:

  • Contractor Commitments, Warranties and Representations Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the Contractor liable for damages to the County. A commitment includes, but is not limited to any representation made prior to execution of this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties.

  • Representations and Warranties of Contractor Contractor represents and warrants to Company the following:

  • REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF THE ADVISER The Adviser represents, warrants and agrees that: a. The Adviser has been duly authorized by the Board of Trustees of the Fund to delegate to the Sub-Adviser the provision of investment services to the Portfolio Account as contemplated hereby. b. The Adviser is currently in compliance and shall at all times continue to comply with the requirements imposed upon the Adviser by applicable law and regulations.

  • Representations and Warranties of Client Client represents and warrants to Agency as follows: A. All Referred Accounts placed with Agency hereunder are lawfully due and owing, that they are owned by the Client (or its affiliates and customers) and that the Referred Accounts are not subject to any claim of fraud or otherwise wholly or partially invalid due to payment or settlement by the obligor or any other claim or defense. B. Information and data on the Referred Accounts is accurate to the best of Client’s information and knowledge. C. Client is not aware of any disputes regarding the Referred Accounts, including any bankruptcy filing or expiration of the applicable statute of limitations.

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