WARRANTIES GIVEN BY THE CLIENT Clause Samples
WARRANTIES GIVEN BY THE CLIENT. 9.1 The Client warrants and represents that it has full legal authority to enter into and exercise its obligations under this Agreement.
9.2 The Client represents and warrants to the Developer that it will provide content to the Developer as required in a professional, competent and timely manner.
9.3 The Client further represents that it has funds available to pay the Developer for the Work under this Agreement.
9.4 The Client acknowledges that Services provided by the Developer and the process and techniques adopted by the Developer are confidential and are not subject to scrutiny by the Client.
9.5 The Client has no knowledge that any representation or warranty given by the Developer in this Agreement is inaccurate or false.
9.6 The representations and warranties given in this Agreement by the Client are the only representations and warranties. The Client has given no other representation or warranty, either expressed or implied, to the Client.
9.7 The Client warrants to the Developer that each of the representations and warranties made by it is accurate and not misleading.
WARRANTIES GIVEN BY THE CLIENT. 11.1 The Client represents and warrants on continuous basis that
(A) the Client has full power and capacity to enter into this Agreement;
(B) the Client is the beneficial owner of the Investment Assets (including those transferred to the Investment Account under Clause 4.2) or has obtained the necessary authorization from the beneficial owner to have adequate power as required by this Agreement to deal with the Investment Assets which are free from liens, charges or other encumbrances and no liens, charges or other encumbrances shall arise from any acts or omissions of the Client;
(C) the information given by the Client to the Investment Manager in Customer Information Form or otherwise in connection with the opening and operations of the Account is true, complete and accurate and the Investment Manager is entitled to rely on such information until the Investment Manager receives written notice from the Client of any change thereto; and
(D) the Client will maintain in full force, validity and effect all governmental and other approvals, authorizations, licences and consents required on him under applicable laws and regulations in connection with the Agreement.
11.2 The Client undertakes not to deal, except through the Investment Manager, with any of the Investment Assets or to authorize anyone else to do so.
11.3 The Client undertakes to supply to the Investment Manager on demand at any time or times such financial and other information about the Client as the Investment Manager may request.
11.4 Without prejudice to Clause 10, the Client shall promptly give (or procure to be given) to the Investment Manager such information as the Investment Manager may require to enable it to comply with the requirements by the SEHK, HKFE, the SFC or other overseas exchanges and clearing houses or share registrar or other entities pursuant to any legal obligations and court orders. The Client also authorizes the Investment Manager to make such disclosure.
11.5 The Client acknowledges that the Client has received, read and understood the contents of Schedule III Risk Disclosure Statement.