Customer’s Warranties. The Customer warrants that:
Customer’s Warranties. Customer represents and warrants that at all times during the term of this Agreement and any renewal thereof: (i) all representations and statements made by Customer in this Agreement, or in any other document relating hereto by Customer or on Customer’s behalf, are true, accurate and complete in all material respects; (ii) it is engaged in a lawful business and has all necessary rights and authorizations to sell and distribute its products and/or services; (iii) Customer will comply, at Customer’s own expense, with all laws, policies, guidelines, regulations, ordinances or rules applicable to Customer, this Agreement, End User data or the Transactions, including, without limitation:
Customer’s Warranties. Customer represents and warrants that at all times during the term of this Agreement and any renewal thereof: (i) all representations and statements made by Customer in this Agreement, or in any other document relating hereto by Customer or on Customer’s behalf, are true, accurate and complete in all material respects; (ii) it is engaged in a lawful business and has all necessary rights and authorizations to sell and distribute its products and/or services; (iii) Customer will comply, at Customer’s own expense, with all laws, policies, guidelines, regulations, ordinances or rules applicable to Customer, this Agreement, End User data or the Transactions, including, without limitation: (a) the Payment Network Rules; (b) the Payment Card Industry Data Security Standard (PCI DSS); (c) any regulatory body or agency having jurisdiction over the subject matter hereof; (d) Applicable Data Protection Laws and (e) the Services Documentation.
Customer’s Warranties. Customer warrants that: (i) it has validly entered into this MSA and the associated schedules and has the legal power to do so; and (ii) its subscription for the Services is neither contingent upon the delivery of any future functionality or features nor dependent on any oral or written comments made by AlayaCare regarding any future functionality or features.
Customer’s Warranties. 27.1 The Customer warrants and represents:
Customer’s Warranties. Customer warrants that it has validly entered into this Agreement and has the legal power to do so.
Customer’s Warranties. The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, hazardous materials laws, import and export laws and governmental regulation of any state and country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. Customer is obligated to inform Company at time of tendering if any shipments contain hazardous materials. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. Customer acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions, and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities. The Company assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with the provisions of this section. Customer agrees to indemnify, defend, and hold Company harmless for any and all loss, liability, claim, damages, or suit arising from the provisions of this section.
Customer’s Warranties. Customer warrants:
Customer’s Warranties. Customer warrants that (i) Customer has validly entered into this Agreement and that Customer has the legal power to do so; (ii) Customer is the rightful owner and copyright holder of, or that Customer has obtained all necessary and appropriate rights and licenses for all Customer’s Data or data generated by Customer and its Authorized Users through the Cloud Services and for any Non-iGrafx Products and third party services Customer may use with the Cloud Services; and (iii) Customer will ensure compliance to the Agreement by the Authorized Users.
Customer’s Warranties. The customer warrants to FNB that no litigation, arbitration or administrative proceeding is in progress or, to the customer’s knowledge pending or threatened against it, or any of its assets, which could materially adversely affect the customer’s financial condition. The customer warrants to FNB that it is not in liquidation, sequestrated, under curatorship or under business rescue (final or provisional) or other legal disability, nor is such process or proceeding in progress or threatened. The customer must immediately notify FNB if the customer is sequestrated/liquidated (including provisionally or finally) or placed in business rescue or other legal disability.
