Your Representations, Warranties, and Covenants. By enrolling in the Service, you represent and warrant that:
Your Representations, Warranties, and Covenants. You make the following representations, warranties and covenants:
Your Representations, Warranties, and Covenants. You represent and warrant to the Bank that: (a) All information, including financial information, whenever provided by you to the Bank, shall be true, correct and complete. Information relating to your financial condition accurately reflects your financial condition as of the date(s) thereof; (b) You are not insolvent within the meaning of 11 U.S.C. Section 101 (32); (c) You are in compliance with all federal, state and local laws applicable to your properties, operations, business and finances; (d) You are duly organized and in good standing under the laws of the state of your organization, and you have all powers, licenses, authorizations and approvals to operate your business as now conducted; and (e) You will promptly notify the Bank of the existence of any condition or event which may constitute a breach of or default under this Agreement.
Your Representations, Warranties, and Covenants. As a condition of being permitted to use the Program, you represent and agree that the following statements are and will continue to be true for so long as you access the Program:
Your Representations, Warranties, and Covenants. You represent, warrant, and covenant that: (a) Your use of the Site is at Your own risk and eCourt Reporters shall not be liable for any damages arising, directly or indirectly, from Your use of the Site, including, without limitation, reliance on the information, analysis, and other data available through the Site; and (b) You are solely responsible for ensuring that any Court Reporting Services You schedule comply with applicable laws and do not, and You shall not attempt to take any action intended to cause such Court Reporting Services to, infringe eCourt Reporters’ and/or any third party’s Intellectual Property rights.
Your Representations, Warranties, and Covenants. In addition to the representations, warranties and covenants set forth in the Master Agreement, you represent, warrant and covenant that: (i) any authentications made by you or authorizations provided by you to us with the Instructions shall be obtained by you in compliance with the Rules and any Instructions initiated by you shall be authorized by the Remitter as required by the Rules, (ii) you are the owner or authorized licensee of any Intellectual Property, with full right to grant a license to use the Intellectual Property to us as provided in this Service Description, and (iii) you have provided each Remitter with any disclosure required by applicable law and regulation. This Service Description has been executed as provided in the Schedule of Services forming a part of the Master Agreement.
Your Representations, Warranties, and Covenants. You represent, warrant, and covenant that:
Your Representations, Warranties, and Covenants. You warrant that you will only transmit Check Images that are acceptable for deposit and that you have handled the Original Checks in accordance with applicable laws, rules and regulations. For Consumer Accounts: you represent that you have duly executed and delivered this Agreement. For Business Accounts: you represent that you have taken all necessary action to authorize the execution, delivery and performance of this Agreement. For both Consumer Accounts and Business Accounts: with respect to each Check Image, you represent, warrant and agree that: • Each Check Image transmitted to us is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the Original Check has no defense against payment of the Original Check; • The person on whose account the Original Check is drawn authorized the issuance of the Original Check in the amount stated on the Original Check and to the payee stated on the Original Check; • You are authorized to enforce each Original Check or are authorized to obtain payment of each Original Check on behalf of a person entitled to enforce such Original Check; • You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the Original Check, or a paper or electronic representation of the Original Check) such that the person will be asked to make payment based on an item it has already paid; and • You make to the Credit Union all representations and warranties that the Credit Union makes or is deemed to make to any party pursuant to law, regulation or clearinghouse rule, including, without limitation, all warranties as defined in the Check Clearing for the 21st Century Act made by the Reconverting and Truncating Credit Union.
Your Representations, Warranties, and Covenants. You represent and warrant that you have taken all necessary action to authorize the execution, delivery, and performance of this Agreement; and that you have duly executed this Agreement. With respect to each Check Image, you represent, warrant and agree that:
Your Representations, Warranties, and Covenants. 35.1 In this Agreement, representations and warranties are personal statements, assurances or undertakings given by you to us, and on which we are allowed to rely when dealing with you.
