XXXXXXXX'S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification (if any) for a period of 90 days from the date of this licence (Warranty Period). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following:
(a) repair the Software;
(b) replace the Software; or
(c) terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault.
9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free.
9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer.
9.4 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
XXXXXXXX'S WARRANTIES. Each Party hereby warrants and undertakes to the other on a continuing basis to the intent that such warranties shall survive the completion of any transaction contemplated herein that, where acting as a Borrower:
(a) it has all necessary licences and approvals, and is duly authorised and empowered, to perform its duties and obligations under this Agreement and will do nothing prejudicial to the continuation of such authorisation, licences or approvals;
(b) it is not restricted under the terms of its constitution or in any other manner from borrowing Securities in accordance with this Agreement or from otherwise performing its obligations hereunder;
(c) it is absolutely entitled to pass full legal and beneficial ownership of all Collateral provided by it hereunder to Lender free from all liens, charges and encumbrances;
(d) it is acting as principal in respect of this Agreement; and
(e) it is not entering into a Loan for the primary purpose of obtaining or exercising voting rights in respect of the Loaned Securities.
XXXXXXXX'S WARRANTIES. Borrower hereby warrants and represents to City as follows:
XXXXXXXX'S WARRANTIES. 6.1 The Borrower hereby warrants and undertakes to the Lender as follows:
a) The Borrower is eligible and has full power and authority to execute, deliver and perform his/its obligations under this Agreement.
b) The Borrower, if a body corporate warrants that:
(i) It is fully competent to borrow the Loan and the borrowing is in consonance with the provisions of the Companies Act, 1956 or Companies Act 2013, or Limited Liability Partnership Act, 2008 or Indian Partnership Act, 1932 or its Memorandum and Articles of Association or Partnership Deed or Trust Deed or Bye Laws and that there is no statutory bar upon it to borrow.
(ii) The Borrower shall maintain its corporate existence and obtain, comply with the terms of and do all that is necessary to maintain in full force and effect all authorizations, approvals, licenses and consents required to enable it to lawfully carry on its business
c) Confirmation of loan application: The Borrower confirms the accuracy of the information given in the loan application made to the Lender and any prior or subsequent information or explanation given to the Lender in this behalf. The Borrower confirms that all the photocopy/ true copies of documents submitted for the purpose of the Loan are genuine. The Lender may at any time call or require verification of originals of any such copies.
d) Compliance of ‘Know Your Customer Policy’ (KYC Policy): That the Borrower is fully aware of the ‘KYC Policy’ and confirms that, the information/ clarification/ document/ signage provided by him on his identity, age, address, signature, photograph, bank account, occupation, income and transaction and all other material facts are true and correct & that the transaction, etc. are bonafide as per law. The Borrower further confirms that he has disclosed all facts/ information as are required to be disclosed for the adherence and compliance of the provisions related to the KYC Policy.
e) Public schemes affecting the Borrower’s Assets: That the Borrower’s Assets is not included in or affected by any of the schemes of Central/ State Government or of the improvement trust or any other public body or local authority or by any alignment, widening or construction of road under any scheme of the Central/ State Government or of any Corporation, Municipal Committee, Gram Panchayat, etc.
f) Infringement of local laws: That no suit is pending in the Municipal Magistrate’s Court or any other Court of Law in respect of the Assets where security interest h...
XXXXXXXX'S WARRANTIES. The supplier acknowledges and agrees that the customer has entered into this agreement in reliance upon the supplier's expertise in selecting and supplying goods and services fit to meet the product vision and the requirements from time to time in the product backlog. The supplier warrants and represents that: the customer will receive good and valid title to all deliverables [and delivered results], free and clear of all encumbrances and liens of any kind; use of any of the deliverables [or delivered results] does not infringe the intellectual property rights of any third party. The software will, at project completion, and for 12 months after that date, perform in accordance with the software description; the deliverables [and delivered results] will be of satisfactory quality and free from any material defect in design or manufacture. The development team will perform the services in a timely, reliable, and professional manner, in conformity with good industry practice; it is in compliance with, and will perform the services in compliance with, all applicable law and regulations. There has not been included or used any open-source software or anything similar in, or in the development of, the software nor does any software operate in such a way that it is compiled with or linked to open-source software or anything similar. The software will be tested for viruses at the end of each sprint and on project completion and any identified viruses will be deleted in accordance with good industry practice. The development team key members, other development team members [and the scrum master] will perform their respective roles, responsibilities, obligations and duties expressed to be on their part in this agreement within the relevant timescales specified in this agreement or, if none, as soon as reasonably possible; And Any appointee from time to time to any such position will meet the level of dedication and the respective criteria specified in schedule 3. The warranties set out in clause 7.2 are in lieu of all other express or implied warranties or conditions, including implied warranties or conditions of satisfactory quality and fitness for a particular purpose, in relation to this agreement. The supplier does not warrant that the software will operate uninterrupted or -free but will endeavor to address faults within an agreed timeframe with the customer, as per schedule 7. The supplier shall not in any circumstances be liable under the warranties in cla...
XXXXXXXX'S WARRANTIES. 6.1 The borrower hereby warrants and undertakes to IHFL as follows :-
XXXXXXXX'S WARRANTIES. Borrower represents and warrants (A) that it has access to professional advice and support to the extent necessary to enable Borrower to fully comply with the terms of the Loan Agreement and to otherwise carry out the Project, (B) that it is duly organized, validly existing and in good standing under the laws of the State of California,
XXXXXXXX'S WARRANTIES. In submitting a Tender the Tenderer warrants, represents and undertakes to the City Council that:
16.1. it has not done any of the acts or matters referred to in paragraph 7 above and has complied in all respects with these Instructions to Tenderers;
16.2. all information, representations and other matters of fact communicated (whether in writing or otherwise) to the City Council by the Tenderer or its staff in connection with or arising out of the Tender are at the date the Tender is submitted true, complete and accurate in all respect and that it will promptly notify the City Council in writing of any changes which affect such information, representations or matters of fact;
16.3. it has carried out its own investigations and research, has satisfied itself in respect of all matters relating to the Tender documents and that it has not submitted the Tender and has not entered into the Contract in reliance upon any information, representations or assumptions (whether made orally, in writing or otherwise) which may have been made by the City Council;
16.4. it has full power and authority to enter into the Contract and carry out the Service and will if requested produce evidence of such to the City Council;
16.5. it is of sound financial standing and the Tenderer and its directors, officers and employees are not aware of any circumstances (other than such circumstances that may be disclosed in the audited accounts or other financial statements of the Tenderer) submitted to the City Council that may adversely affect such financial standing in the future; and
16.6. it has, and has made arrangements to ensure that it will continue to have, sufficient working capital, skilled staff, equipment, machinery and other resources available to carry out the Service in accordance with the Contract and for the Contract Period.
XXXXXXXX'S WARRANTIES. (a) Landlord warrants that Xxxxxxxx is seized in fee simple of the Premises, that Xxxxxxxx’s title thereto is good of record and in fact, that Xxxxxxxx’s title is marketable and free of all liens and encumbrances.
(b) Landlord warrants that if, and so long as, Tenant shall not be in default hereunder, Tenant shall quietly hold, occupy, and enjoy the Premises and all rights relating thereto during the Term, without hindrance, ejection, or molestation by Landlord or any party claiming by, through, or under Landlord.
XXXXXXXX'S WARRANTIES. (a) The Supplier warrants that:
(i) it has examined and considered all information made available by DE GREY to the Supplier for the purpose of the supply of Goods and or to perform the Services;
(ii) it has and will maintain, at its cost, everything it requires to supply the Goods and or perform the Services in accordance with this Agreement, including, but not limited to, all personnel, goods, tools, equipment, materials, authorisations and insurances;
(iii) it has the right to sell and transfer unencumbered title to the Goods to DE GREY and the Goods are free from any Claim of any nature by any third party;
(iv) the Goods will be new (unless otherwise agreed), free from defects in design, performance, workmanship and makeup and of merchantable quality when Delivered to DE GREY;
(v) the Goods will be fit for the purpose stated in the Specification or the Purchase Order, or if no purpose is stated, the purpose for which the Goods would ordinarily be used or supplied and for any other purpose which DE GREY makes known to the Supplier;
(vi) the Delivery of the Goods and or performance of the Services will not infringe or contribute to the infringement of any Intellectual Property Rights of any third party;
(vii) it will provide the Goods and or perform the Services with due care and skill and the Goods and or Services will be of a high quality and workmanship;
(viii) it has, at the date of this Agreement, taken all reasonable measures to ensure that no conflict of interest presently exists or is likely to arise in the performance of its obligations under this Agreement;
(ix) it will remain fully responsible for all Goods and or Services and all information created or developed or required to be created or developed under this Agreement provided by the Supplier irrespective of any review or Acceptance of those Goods and or Services or information by DE GREY;
(x) it will make fully aware, educate and train its Workers and agents in relation to the DE GREY Policies and Procedures;
(xi) it will pay all taxes due in connection with the Delivery and supply of Goods and or Services under this Agreement:
(xii) it has, or will be able to obtain all the necessary consents, permits or authorities necessary in order for the Supplier to Deliver and supply the Goods and or Services;
(xiii) it has not relied upon any representation of or information provided by DE GREY which is not expressly stated or included in this Agreement;
(xiv) it is not Insolvent; and
(xv) it has ...
