ADDITIONAL COMMITMENTS AND WARRANTIES Sample Clauses

ADDITIONAL COMMITMENTS AND WARRANTIES. Any written commitment after the effective date of this Agreement by Supplier under the terms of any Order or of this Agreement shall be binding upon Supplier whether or not incorporated into said Order or this Agreement. For purposes of this Agreement, a commitment by Supplier shall include: (i) prices and options committed by Supplier or its agent to remain in force during the term of this Agreement; (ii) any warranty or representation made by Supplier or its agent in a written proposal to Purchaser as to PRODUCT performance, total SYSTEM’S performance, or any other physical, design, or functional characteristics of SYSTEM or PRODUCT; (iii) any warranty or representation made by Supplier or its agent concerning the characteristics or items described in above, made in any literature, descriptions, drawings or specifications accompanying or referred to in a proposal or presentation to Purchaser; and (iv) any representation by Supplier or its agent in a written proposal, in supporting documents or in negotiations subsequent thereto as to training to be provided, services to be performed, prices and options committed to remain in force over a fixed period of time, or any other similar matter regardless of the fact that the duration of such commitment may exceed the duration of this Agreement.
Sample 1
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ADDITIONAL COMMITMENTS AND WARRANTIES. Any written commitment by NDC under the terms of any Order or of this Agreement shall be binding upon NDC whether or not incorporated into said Order or this Agreement. For purposes of this Agreement, a commitment by NDC shall include: (i) prices and options committed by NDC or its agent to remain in force during the term of this Agreement, (ii) any warranty or representation made by NDC or its agent in a written proposal to the University as to Product performance, total System's performance, or any other physical, design, or functional characteristics of any equipment, Software, System, or other Product; (iii) any written warranty or representation made by NDC or its agent concerning the characteristics or items described in above, made in any literature, descriptions, drawings or specifications accompanying or referred to in a proposal or presentation to the University; and (iv) any modification of or affirmation or representation as to any of the above which is made in writing by NDC or its agent in the course of negotiations or during & term of this Agreement whether or not incorporated into a formal amendment to the proposal; and (v) any representation by NDC or its agent in a written proposal, in supporting documents or in negotiations subsequent thereto as to training to be provided, services to be performed, prices and options committed to remain in force over a fixed period of time, or any other similar matter regardless of the fact that the duration of such commitment may exceed the duration of this Agreement.
Sample 1

Related to ADDITIONAL COMMITMENTS AND WARRANTIES

  • Lender’s Representations and Warranties Lender makes the following warranties and representations to CSO, all of which shall survive the execution and termination of this Agreement for any reason:

  • Credit Agreement Representations and Warranties The representations and warranties contained in Article VI of the Credit Agreement, insofar as the representations and warranties contained therein are applicable to any Guarantor and its properties, are true and correct in all material respects, each such representation and warranty set forth in such Article (insofar as applicable as aforesaid) and all other terms of the Credit Agreement to which reference is made therein, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by this reference as though specifically set forth in this Article.

  • Representations and Warranties of the Lenders In connection with the transactions provided for herein, each Lender hereby represents and warrants to the Company that:

  • Representations and Warranties of Lenders Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments or Loans, as the case may be, represents and warrants as of the Closing Date or as of the effective date of the applicable Assignment and Assumption that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments, loans or investments such as the Commitments and Loans; and (iii) it will make or invest in its Commitments and Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments and Loans within the meaning of the Securities Act or the Exchange Act, or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Commitments and Loans or any interests therein shall at all times remain within its exclusive control).

  • Representations and Warranties of the Lender The Lender hereby represents and warrants to the Borrower as follows:

  • Representations and Warranties of the Loan Parties Each Loan Party represents and warrants as follows:

  • Representations and Warranties of Lender Lender hereby represents and warrants to Borrower as follows:

  • Representations and Warranties in Credit Agreement The representations and warranties of the Borrower contained in the Credit Agreement were true and correct as of the date made and are also true on and as of the date hereof and with the same force and effect as if made on and as of such date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date).

  • BORROWER'S REPRESENTATIONS AND WARRANTIES Borrower represents and warrants that:

  • Representations and Warranties of the Borrowers Each Borrower represents and warrants as follows:

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