EACH PARTY REPRESENTS AND WARRANTS THAT. IT SHALL OBTAIN, MAINTAIN AND COMPLY WITH ALL PERMITS, CONSENTS AND APPROVALS NECESSARY FOR SUCH PARTY TO ENTER INTO AND FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE NOT AVAILABLE, INTERRUPTED, DELAYED, INCOMPLETE, INACCURATE, OR ARE OTHERWISE MATERIALLY AFFECTED AS A RESULT OF A FAILURE BY NASD TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, NASD WILL ENDEAVOR, GIVING DUE REGARD FOR THE COST, TIME, AND EFFECT ON OTHER USERS, TO CORRECT ANY SUCH FAILURE. IN THE EVENT THAT THE SERVICE OR INFORMATION AND DATA ARE NOT AVAILABLE, ARE DELAYED, ARE INTERRUPTED, ARE INCOMPLETE OR ARE NOT ACCURATE OR ARE OTHERWISE MATERIALLY AFFECTED FOR AN ENTIRE BUSINESS DAY AND REMAIN AFFECTED AT THE COMMENCEMENT OF THE IMMEDIATELY SUCCEEDING BUSINESS DAY DUE TO THE FAULT OF NASD (EXCEPT FOR A REASON PERMITTED IN THIS AGREEMENT), PARTICIPANT’S EXCLUSIVE REMEDY AGAINST NASD SHALL BE, (A) IF PARTICIPANT CONTINUES TO RECEIVE THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S CREDIT OF ANY MONIES DUE FOR AND DIRECTLY ATTRIBUTABLE TO THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE OR, (B) IF PARTICIPANT NO LONGER RECEIVES EITHER THE SERVICE OR ANY OTHER DATA AND/OR INFORMATION OFFERED BY NASD, A PRORATED MONTH’S REFUND OF ANY MONIES DUE FOR THE AFFECTED SERVICE TO NASD FROM PARTICIPANT FOR THE PERIOD AT ISSUE. SUCH CREDIT OR REFUND SHALL BE REQUESTED BY NOTICE TO NASD WITH ALL PERTINENT DETAILS. BEYOND THE WARRANTIES STATED IN THIS SECTION, THERE ARE NO OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING TITLE, OWNERSHIP, INTELLECTUAL PROPERTY INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, AVAILABILITY, FREEDOM FROM INTERRUPTION, ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE).
EACH PARTY REPRESENTS AND WARRANTS THAT a) It has full authority to enter into this Agreement and to fully perform its obligations hereunder;
EACH PARTY REPRESENTS AND WARRANTS THAT. 6.1.1 It has full legal right, power and authority to carry on its business and to enter into this Agreement and perform all of its obligations, terms and conditions hereunder; and
