Common use of Xxxx Representations and Warranties Clause in Contracts

Xxxx Representations and Warranties. 1.01 Xxxx represents and warrants that it is authorized to enter into this Agreement and shall be bound by the terms hereof, and that each Provider (i) has authorized Xxxx to execute this Agreement on its behalf, and (ii) is and will be bound to the Producer by the terms of this Agreement as if it was a signatory hereto. 1.02 Xxxx represents and warrants that each Provider possesses all requisite (i) resident corporate, agency, and/or individual agent, broker, producer, surplus lines, or other license required by the insurance regulator in the state in which it was incorporated or organized (the “Provider Domicile State”) in order to transact the insurance business contemplated under this Agreement, and (ii) non-resident corporate, agency, and/or individual agent, broker, producer, surplus lines, or other license required by any applicable non-Provider Domicile State insurance regulator in order to transact the insurance business contemplated under this Agreement, including but not limited to any license applicable to the Provider in the home state of the named insured under any applicable insurance policy; provided, that the home state will be determined in accordance with the provisions of the Nonadmitted and Reinsurance Reform Act of 2010, 15. U.S.C. §8201, etc. (“NRRA”) where applicable. 1.03 Except to the extent that Xxxx notifies the Producer in writing to the contrary, Xxxx represents and warrants that any Provider that is organized or acquired after the effective date of this Agreement (i) will be bound to the Producer by the terms of this Agreement as if it was a signatory hereto and has authorized Xxxx to so notify the Producer, and (ii) will authorize and agree that the Producer’s covenants and undertakings to Xxxx will be deemed to be the Producer’s covenants and undertakings to such Provider. In addition, any licenses, proof of insurance or documents, records, or information other than policyholder submissions that the Producer provides to Xxxx will be deemed to be documents, records, or other information the Producer provides to any such Provider. 1.04 Xxxx will notify the Producer of any subsequently acquired or organized Providers, and such notification may include written or electronic correspondence to the Producer or postings on its website or one or more of the websites of the Providers, each of which will constitute adequate and effective notice under this Section 1.04. Producers are responsible for monitoring the websites of Xxxx and the Providers for such notices.

Xxxx Representations and Warranties. 1.01 Xxxx represents and warrants that it is authorized to enter into this Agreement and shall be bound by the terms hereof, and that each Provider (i) has authorized Xxxx to execute this Agreement on its behalf, and (ii) is and will be bound to the Producer by the terms of this Agreement as if it was a signatory hereto. 1.02 Xxxx represents and warrants that each Provider possesses all requisite (i) resident corporate, agency, and/or individual agent, broker, producer, surplus lines, or other license required by the insurance regulator in the state in which it was incorporated or organized (the “Provider Domicile State”) in order to transact the insurance business contemplated under this Agreement, and (ii) non-resident corporate, agency, and/or individual agent, broker, producer, surplus lines, or other license required by any applicable non-Provider Domicile State insurance regulator in order to transact the insurance business contemplated under this Agreement, including but not limited to any license applicable to the Provider in the home state of the named insured under any applicable insurance policy; provided, that the home state will be determined in accordance with the provisions of the Nonadmitted and Reinsurance Reform Act of 2010, 15. U.S.C. X.X.X. §82010000, etc. (“NRRA”) where applicable. 1.03 Except to the extent that Xxxx notifies the Producer in writing to the contrary, Xxxx represents and warrants that any Provider that is organized or acquired after the effective date of this Agreement (i) will be bound to the Producer by the terms of this Agreement as if it was a signatory hereto and has authorized Xxxx to so notify the Producer, and (ii) will authorize and agree that the Producer’s covenants and undertakings to Xxxx will be deemed to be the Producer’s covenants and undertakings to such Provider. In addition, any licenses, proof of insurance or documents, records, or information other than policyholder submissions that the Producer provides to Xxxx will be deemed to be documents, records, or other information the Producer provides to any such Provider. 1.04 Xxxx will notify the Producer of any subsequently acquired or organized Providers, and such notification may include written or electronic correspondence to the Producer or postings on its website or one or more of the websites of the Providers, each of which will constitute adequate and effective notice under this Section 1.04. Producers are responsible for monitoring the websites of Xxxx and the Providers for such notices.