PERFORMANCE AND EXECUTION Sample Clauses

PERFORMANCE AND EXECUTION. Lessee represents and warrants to FMA that (i) the execution and performance of this Agreement and each Schedule has been duly authorized by Lessee and that, upon execution by Lessee and FMA of this Agreement and each Schedule, such Schedule will constitute a valid obligation binding upon, and enforceable against, Lessee in accordance with its terms, (ii) neither the execution of this Agreement or any Schedule nor the due performance thereof by Lessee will result in a breach of, or constitute a default under or violation of Lessee's certificate or articles of incorporation and by-laws (or other organizational documents) or any agreement to which Lessee is a party or by which any interest of Lessee may be affected, (iii) Lessee is duly organized and in good standing under the laws of its jurisdiction of organization and is and will continue to be duly qualified to do business and in good standing in any jurisdiction where any item of Equipment is to be located, (iv) the person executing this Agreement on behalf of Lessee has been and each person executing a Schedule, upon execution of such Schedule, will be duly authorized to do so, and (v) any and all financial statements and other information with respect to Lessee furnished by Lessee to FMA will be, when furnished, and will remain at the time of execution of any Schedule, true and correct without any misleading omissions, excepting any changes which have been disclosed in a written notice to FMA.
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs

Related to PERFORMANCE AND EXECUTION

  • Performance of this Agreement Buyer shall have duly performed or complied with all of the obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • Consultants and Employees Bound Recipient agrees to disclose the Confidential Information to any agents, affiliates, directors, officers or any other employees (collectively, the “Employees”) solely on a need-to-know basis and represents that such Employees have signed appropriate non-disclosure agreements or taken appropriate measures imposing on such Employees a duty to third parties (1) to hold any third party proprietary information received by such Employees in the strictest confidence, (2) not to disclose such third party Confidential Information to any other third party, and (3) not to use such Confidential Information for the benefit of anyone other than to whom it belongs, without the prior express written authorization of the Company.

  • Performance of Agreements Buyer shall have performed in all material respects all of its covenants, agreements and obligations required by this Agreement and each of the other Documents to be performed or complied with by it prior to or upon the Closing Date.

  • Performance of Agreement Purchaser shall have performed in all material respects all obligations and agreements and complied in all material respects with all covenants and conditions contained in this Agreement to be performed or complied with by it at or prior to the Closing Date.

  • Performance of Reviews The RIRs shall send a request for review to the Operator per email, where they shall specify the areas they request a review for. The Operator must comply with the request by providing the requested information within five working days. The review may include an onsite inspection. In this case the RIRs and the Operator must agree on a specific date for the inspection to take place, which may not be later than sixty calendar days from the date of the request.

  • Performance by Affiliates Each Party may discharge any obligations and exercise any right hereunder through any of its Affiliates. Each Party hereby guarantees the performance by its Affiliates of such Party’s obligations under this Agreement, and shall cause its Affiliates to comply with the provisions of this Agreement in connection with such performance. Any breach by a Party’s Affiliate of any of such Party’s obligations under this Agreement shall be deemed a breach by such Party, and the other Party may proceed directly against such Party without any obligation to first proceed against such Party’s Affiliate.

  • Performance Monitoring A. Performance Monitoring of Subrecipient by County, State of California and/or HUD shall consist of requested and/or required written reporting, as well as onsite monitoring by County, State of California or HUD representatives.

  • Performance of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.