Execution Representations and Warranties Sample Clauses

Execution Representations and Warranties. If FRANCHISEE has ten (10) or fewer shareholders and/or partners, FRANCHISEE represents and warrants that the names of all its shareholders and/or partners at the time of execution of this Agreement are listed below, and FRANCHISEE agrees to notify BANDAG immediately of any change of its shareholders or partners. If FRANCHISEE has more than ten (10) shareholders and/or partners, FRANCHISEE represents and warrants that all Controlling Persons and all persons with an interest in any BANDAG Equipment at the time of execution of this Agreement are listed below, and FRANCHISEE agrees to notify BANDAG immediately of any change in any of these. FRANCHISEE further represents and warrants that the signatures below on behalf of FRANCHISEE are duly authorized, and that the persons signing have full power and authority to bind FRANCHISEE. (Rev 4/96) XIX. Arbitration (a) Any dispute arising out of or relating to this Agreement will be submitted to and resolved by final and binding arbitration as the sole and exclusive remedy. Any claim subject to this Section shall be made by filing a demand for arbitration within one (1) year following the conduct, act or other event first giving rise to the claim; otherwise, the right to any remedy shall be deemed forever waived and lost. The right and duty of the parties to this Agreement to resolve any disputes by arbitration shall be governed exclusively by the Federal Arbitration Act as amended; and arbitration shall take place according to the Commercial Rules of the American Arbitration Association, and shall be held in its Chicago, Illinois office, and be decided by one arbitrator chosen according to such Rules. Each party shall bear all of its own costs of arbitration except that the fees of the arbitrator shall be divided equally between the parties. (b) Unless otherwise agreed by the parties, pre-hearing discovery in the dispute to be arbitrated shall be limited to the following: (1) production of any documents that the producing party intends to introduce into evidence at the hearing; (2) production of any documents generated by the party seeking production, or generated in the course of actual transactions between the parties; (3) production of any written, video- taped or tape-recorded statement given by the party seeking production; (4) production of any documents relied on by any expert whose opinions and conclusions will be offered at the hearing; and (5) not more than two depositions per side, with total adverse exam...

Execution Representations and Warranties. If FRANCHISEE has ten (10) or fewer shareholders and/or partners, FRANCHISEE represents and warrants that the names of all its shareholders and/or partners at the time of execution of this Agreement are listed below, and FRANCHISEE agrees to notify BANDAG immediately of any change of its shareholders or partners. If FRANCHISEE has more than ten (10) shareholders and/or partners, FRANCHISEE represents and warrants that all Controlling Persons and all persons with an interest in any BANDAG Equipment at the time of execution of this Agreement are listed below, and FRANCHISEE agrees to notify BANDAG immediately of any change in any of these. FRANCHISEE further represents and warrants that the signatures below on behalf of FRANCHISEE are duly authorized, and that the persons signing have full power and authority to bind FRANCHISEE.