Performance Representation Sample Clauses

Performance Representation. 16.1 Consultant represents to County that Consultant has the skill and knowledge ordinarily possessed by well-informed members of its trade or profession practicing in the greater Houston metropolitan area and Consultant will apply that skill and knowledge with care and diligence to ensure that the Services provided hereunder will be performed and delivered in accordance with the local professional standard of care.
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Performance Representation. Contractor represents to County that Contractor has the skill and knowledge ordinarily possessed by well-informed members of its trade or profession (“Professionals”) practicing in the greater Houston metropolitan area. Contractor shall provide the Services to County with the same professional skill and care ordinarily provided by such Professionals under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional.
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Performance Representation. Engineer represents to County that Engineer has the skill and knowledge ordinarily possessed by well-informed members of its trade or profession (“Professionals”) practicing in the greater Houston metropolitan area. Engineer shall provide the Services to County with the same professional skill and care ordinarily provided by such Professionals under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional.
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Performance Representation. The Services to County shall be performed with the skill and care ordinarily used by members of the subject profession practicing under the same or similar circumstances and professional license, where required (the “Standard of Care”), and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional. Subject to the Standard of Care, Consultant may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, County, County’s other consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
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Performance Representation. Seller and its Affiliates have not received and do not have any Knowledge regarding any injunctions or claims from 30 administrative or judicial authorities or from clients or consumers in respect of epidemic failures affecting the Products, nor in respect of any requirements to recall such Products. There are no material defects, malfunctions or nonconformities in any of the Products, and there are no material errors in any of the user documentation; provided, however, that any defect, malfunction or nonconformity shall not be deemed to be material for purposes of this Section 3.21 it if its either intended to be or can be addressed in the next planned upgrade or maintenance release of such Product, and, provided further, that for the purpose of this paragraph "user documentation" means explanatory and informational materials concerning the Products, in printed or electronic format, which Seller has released for distribution to end users with the Products, which may include manuals, descriptions, user and/or installation instructions, diagrams, printouts, listings, flowcharts and training materials, contained on visual media such as paper or photographic film, or on other physical storage media in machine-readable form. All Products perform in all material respects in accordance with the design specifications to which the Products were developed. No Product contains any timer, virus, copy protection device, disabling code, clock, counter or other limiting design or routing which is designed to cause such Product (or any portion thereof) to become erased, inoperable, impaired, or otherwise incapable of being used in the full manner for which it was designed. The representations in this Section 3.21 are (i) made only with respect to the most recent numbered release of a Product shipped on or prior to the date hereof and prior versions thereof and (ii) not made with respect to any defects, malfunctions or nonconformities or any failure of a Product to perform that may arise directly or indirectly from the customization or modification or the Products by any customer or any other third party.
Sample 1
Performance Representation. Except as set forth on SCHEDULE 10 annexed hereto, Warner represents and warrants that as of the date hereof and through the Closing Date, it has performed and will perform its obligations incurred in the ordinary course of business in all material respects, including all obligations under the Services Contracts in all material respects.
Sample 1
Performance Representation. Contractor represents to District that Contractor has the skill and knowledge ordinarily possessed by well-informed members of its trade or profession (“Professionals”) practicing in the greater Houston metropolitan area. Contractor shall provide the Services to District with the same professional skill and care ordinarily provided by such Professionals under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional.
Sample 1
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Performance Representation. Architect represents to County that Architect has the skill and knowledge ordinarily possessed by well-informed members of its trade or profession (“Professionals”) practicing in the greater Houston metropolitan area. Architect shall provide the Services to County with the same professional skill and care ordinarily provided by such Professionals under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional.
Sample 1
Performance Representation. The execution, delivery and performance of the obligations under the Acquisition Documents and the documentation of the Secured Loan Facility and the Unsecured Loan Facility will not violate the Agreement or any other formation document, binding final policy or guideline of the Company or its members, or any law or regulation applicable to any of them.
Sample 1

Related to Performance Representation

  • False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract.

  • 10b-5 Representation At the time of effectiveness of the Registration Statement (or at the time of any post-effective amendment to the Registration Statement) and at all times subsequent thereto up to the Closing Date and the Option Closing Date, if any, the Registration Statement, the Statutory Prospectus and the Prospectus do and will contain all material statements that are required to be stated therein in accordance with the Act and the Regulations, and did or will, in all material respects, conform to the requirements of the Act and the Regulations. The Registration Statement, as of the Effective Date and at the Applicable Time, did not, and the amendments and supplements thereto, as of their respective dates, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading. The Prospectus, as of its date and the Closing Date or the Option Closing Date, as the case may be, did not, and the amendments and supplements thereto, as of their respective dates, will not, include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Statutory Prospectus, as of the Applicable Time (or such subsequent Applicable Time pursuant to Section 2.1.1), did not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. When any Preliminary Prospectus or the Statutory Prospectus was first filed with the Commission (whether filed as part of the Registration Statement for the registration of the Public Securities or any amendment thereto or pursuant to Rule 424(a) of the Regulations) and when any amendment thereof or supplement thereto was first filed with the Commission, such Preliminary Prospectus or the Statutory Prospectus and any amendments thereof and supplements thereto complied or will have been corrected in the Statutory Prospectus and the Prospectus to comply in all material respects with the applicable provisions of the Act and the Regulations and did not and will not contain an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The representation and warranty made in this Section 2.2.1 does not apply to statements made or statements omitted in reliance upon and in conformity with written information furnished to the Company with respect to the Underwriters by the Underwriters expressly for use in the Registration Statement, the Statutory Prospectus or the Prospectus or any amendment thereof or supplement thereto. The parties acknowledge and agree that such information provided by or on behalf of the Underwriters consists solely of the following: the names of the Underwriters, the information with respect to stabilization transactions contained in the section entitled “Underwriting - Stabilization” and the identity of counsel to the Underwriters contained in the section entitled “Legal Matters” (such information, collectively, the “Underwriters’ Information”).

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