WARRANTY BY COMPANY. The Company has warranted that the Stock, when issued, will be validly issued, fully paid and nonassessable.
WARRANTY BY COMPANY. Company does not deny service based on a customer or applicant’s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer/applicant in an economically distressed geographic area, or qualification for low income or energy efficiency services.
WARRANTY BY COMPANY. COMPANY warrants that use of Products or sales of Products will not infringe any patent or other proprietary rights and that COMPANY will indemnify, defend and hold DPT harmless from any damage, judgment, loss, cost or other reasonable expense (including reasonable attorney’s fees) arising from claims that Products or the use of the Product names and any other trademarks, trade names, or trade dress used by COMPANY in connection with Products infringes patent or other proprietary rights of a third party.
WARRANTY BY COMPANY. Company does not discriminate, deny service, or require a prepayment or deposit for service based on a Customer’s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services. Company cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of twelve (12) months or less.
WARRANTY BY COMPANY. The Company has warranted that the Stock and the Common Shares issuable upon conversion of the Depositary Shares, when issued, will be validly issued, fully paid and nonassessable.
WARRANTY BY COMPANY. Company does not deny service based on a customer or applicant's race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer/applicant in an economically distressed geographic area, or qualification for low income or energy efficiency services. Company has the full legal authority to enter into this CESA and is not aware of any pending or threatened bankruptcy or regulatory proceeding or action as of the Effective Date which would materially impair Company’s ability to perform its obligations under this CESA.
WARRANTY BY COMPANY. Company warrants that (a) it is not relying on Wherify's guidance, assistance or business expertise to successfully perform its obligations hereunder; (b) the signing and performance of this Agreement do not violate or conflict with any agreement between Company or its affiliates and any third party; (c) it will keep Wherify informed as to any problems encountered with the Products; and (d) Company has the power and authority to enter into this Agreement and perform its obligations under this Agreement.
WARRANTY BY COMPANY. Company hereby warrants that it has not entered into any licenses or sublicenses related to the PATENT RIGHTS with a third party.
WARRANTY BY COMPANY. The Company has warranted that the Preferred Stock, when issued, will be validly issued, fully paid and nonassessable.
WARRANTY BY COMPANY. COMPANY warrants that, use of Products or sales of Products will not infringe any patent or other proprietary rights and that COMPANY will indemnify, defend and hold DPT harmless from any damage, judgment, loss, cost or other reasonable expense (including reasonable attorney’s fees) arising from third party claims that Products or the use of the Product names and any other trademarks, trade names, or trade dress used by COMPANY in connection with Products infringes patent or other proprietary rights of a third party. CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. SECTIONS 200.80(b)(4) AND 240.24b-2. [*****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
