Warranties by Customer. Customer warrants that Customer has validly entered into this Agreement and has the legal power to do so.
Warranties by Customer. Customer represents and warrants that (i) the individual entering this Agreement for Customer is a duly authorized representative of Customer with authority to enter into this Agreement on Customer’s behalf and bind Customer to the terms of this Agreement, (ii) that Customer will comply with all local, state, and federal laws and regulations as applicable to its use of the Services, (iii) the execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument, judgment or understanding, oral or written, to which it is a party or by which it may be bound, and (iv) Customer Data does not and will not infringe any patent, trademark, trade secret, copyright, right of publicity or any other proprietary right of any other person or entity.
Warranties by Customer. Customer represents and warrants that services, products, materials, data, and information used by Customer in connection with this Agreement as well as Customer’s and its end-users’, if any, use of Services do not violate applicable laws or regulations. In the event of any breach or reasonably anticipated breach of the foregoing warranty, Mosaic will have the right (with reasonable notice under the circumstances) to suspend any related Services if deemed necessary by Mosaic to prevent use of the Services in breach of the forgoing warranty or harm to Mosaic and/or its supplier facilities.
Warranties by Customer. Customer warrants to Agilent that (i) as of the Effective Date, to the best of Customer’s knowledge, it owns or has the necessary rights, title and interest in and to the Product, including the right under Patents owned or controlled by Customer to have Product made for Customer, and (ii) as of the Effective Date, Customer has not received any written notification alleging that the Product infringes or misappropriates the intellectual property rights of any Third Party.
Warranties by Customer. (a) Customer Equipment and Customer Materials. Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment not purchased from Exodus as contemplated by this Agreement, and to use, modify, transmit, and distribute the Customer Materials without infringing, misappropriating, or otherwise violating any intellectual property rights of any third party. Customer further represents and warrants that its placement, arrangement, and use of the Customer Equipment not purchased from Exodus in the Internet Data Centers complies with the Customer Equipment and Customer Materials Manufacturer's environmental and other specifications.
(b) Rules and Regulations. Intentionally omitted.
(c) Customer's Business. Customer is familiar with the laws and regulations applicable to Customer's Business. Customer represents and warrants that Customer's Business does not as of the Installation Date, and will not during the term of this Agreement, contain or transmit any material that would violate any applicable local state, national, foreign or international law. In the event of any breach, or reasonably anticipated breach, of such warranty, in addition to any other remedies available at law or in equity, Exodus will have the right after notice to Customer with an adequate opportunity to cure based on the specific circumstances, in Exodus' sole discretion: (i) to terminate or restrict access to any such materials in any manner, and/or (ii) to suspend any related Internet Data Center Services provided Exodus takes the minimal action(s) necessary to address the specific violation.
Warranties by Customer. (a) Customer represents and warrants that it owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement to place and use the Equipment as contemplated by this Agreement and Customer’s services, products, materials, data, information and Equipment used by Customer in connection with this Agreement as well as Customer’s and its permitted customers’ and users’ use of the Services (the “Business”) does not as of the Effective Date, and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation.
(b) In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Hosted Solutions will have the right to immediately, in Hosted Solutions sole discretion, to suspend any of the Services or exclude or remove from any of Hosted Solutions equipment or to restrict access to any material or data of Customer which Hosted Solutions determines may violate or infringe any law or third party rights or which may expose Hosted Solutions to any civil or criminal liability.
Warranties by Customer. (a) Customer's Business. Customer represents and warrants that Customer's services, products, materials, data, information and Customer Equipment used by Customer in connection with this Agreement as well as Customer's and its permitted customers' and users' use of the Internet Data Center Services (collectively, "Customer's Business") does not as of the Operational Date, and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation.
Warranties by Customer. 7.1 The customer warrants that:
7.1.1 It has and shall continue to provide Hampden with all information and assistance relevant to the carrying out of work that is the matter of this contract; and
7.1.2 It has obtained all necessary permits and consents from the relevant Local Authority and has informed Hampden of all matters relating to such permits and consents; and
7.1.3 Prior to commencement of any work it shall xxxx all boundaries of the land where work is to proceed AND xxxx all areas of such land where work is required AND shall inform Hampden of all such markings AND point out to the driver of any machine or vehicle about to execute or executing the work where work is to be executed and the extent of the work to be carried out, and if any spoil is to be removed, the place where it is to be deposited; and
7.1.4 It has located, marked and advised Hampden of all gas pipes, water pipes, sewage lines, drainage lines, telephone cabling, and other utilities that are on, or near, or adjacent to the land upon which any work is to proceed; and
7.1.5 It has advised Hampden of any possibility of or knowledge of any subsidence, slip, erosion, flooding, or any other thing which might constitute a hazard on the land where work is to proceed or on any adjacent land; and
Warranties by Customer. Customer represents and warrants to INFLOW that: (1) Customer owns or has the legal right and authority, and will continue to own or maintain the legal right and authority during the term of this Agreement, to place and use the Customer Equipment as contemplated by this Agreement; (2) Customer is duly organized and validly existing and has the legal power and authority to enter into this Agreement and to perform its obligations hereunder; (3) the person signing this Agreement on behalf of Customer is duly authorized to do so, and upon its execution by such person, this Agreement is the valid and legally binding obligation of Customer; (4) Customer's services, products, materials, data, information and Customer Equipment used by Customer in connection with this Agreement as well as Customer's and its permitted customers' and users' use of the Services (collectively, "Customer's Business") does not as of the Installation Date, and will not during the term of this Agreement operate in any manner that would violate any applicable law or regulation; (5) Customer has read the Rules and Regulations and Customer and Customer's Business are currently in full compliance with the Rules and Regulations, and will remain so at all times during the term of this Agreement; and (6) Customer acknowledges that the Services do not include any voice telephony transmission services and Customer will use the Services only for Internet and data transmission.
Warranties by Customer. The provision of service to CUSTOMER is expressly conditioned upon CUSTOMER making and remaining in compliance with the following Warranties.
(a) CUSTOMER is an interexchange telecommunications common carrier and has obtained the required operating authority in all states in which it conducts business, as well as all authority required by the FCC, for resale of telecommunications services.
(b) CUSTOMER is and will remain at all times in material compliance with all federal and state laws and regulations applicable to its resale of the Services obtained under this AT&T/CUSTOMER CONFIDENTIAL AND PROPRIETARY DRAFT 17 - 13 - Agreement, including but not limited to those laws and regulations applicable to the authorization and proof of authorization necessary to convert an End-Users former service to Customer's service as the End-User's Primary Interexchange Carrier.
(c) CUSTOMER will utilize the Service provided under this Agreement only for lawful purposes, including but not limited to resale of service to End Users and/or Intermediate Resellers.
(d) CUSTOMER will exercise its best commercially reasonable efforts to ensure that its Intermediate Resellers or End Users do not engage in any activity which, if done by CUSTOMER directly, would place CUSTOMER in material noncompliance with any of the provisions of this Agreement.
(e) The person executing this Agreement on behalf of CUSTOMER is fully authorized to do so.
