Common use of Counterparts; Binding Agreement Clause in Contracts

Counterparts; Binding Agreement. This Agreement may be executed in multiple counterparts, each of which individually constitutes an original, but all of which together will constitute one single agreement between the Parties. The Parties acknowledge and agree that this Agreement shall be legally binding upon the electronic transmission, including by facsimile, DocuSign, or email delivery of a .pdf or similar file, by each Party of a signed signature page hereof to the other Party. DATE: Reference is made to that certain Brand Agreement, by and among Vestible, Inc. (“Vestible”), and ____________________________ (as “Participant”), effective as of _________________ (the “Brand Agreement”). All capitalized terms used herein which are not defined herein have the meanings given to such terms in the Brand Agreement. The undersigned, _________________________, certifies in his or her individual capacity to Vestible that he or she has carefully examined the Brand Agreement and that: 1. Participant has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied under the Brand Agreement in all material respects at or prior to the Closing; and 2. since the date of the Agreement, the undersigned has not become aware of any condition, restriction, disability or obligation (whether physical, legal or contractual) that is described in Section 5.2 of the Terms and Conditions attached as Exhibit A to the Brand Agreement.