Joint Acknowledgments and Representations Clause Samples

Joint Acknowledgments and Representations. This E-Business Services Agreement is governed by and will be interpreted under the laws of the State of Texas. This E-Business Services Agreement incorporates by reference all information, responsibilities and liabilities as stated in the Deposit Agreement between Business Entity and Bank. Business Entity has read and understands this E-Business Services Agreement and has had opportunity to review this E- Business Services Agreement with an advisor of its choice if so desired. Bank may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future. Each party represents and warrants to the other that it is authorized to enter into this Agreement. If at any time any section of this Agreement is found to be invalid, that does not make the remaining sections or terms invalid.
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Joint Acknowledgments and Representations. This agreement is governed by and will be interpreted under the laws of the State of California. This agreement incorporates by reference all information on Customer Account Application, which Customer represents as true and complete in all respects. Customer has read and understand this Agreement and have has had the opportunity to review this Agreement with an advisor of their choice if so desired. Upon occurrence of any overdraft incurred in the Accounts, the Bank shall have the right, in the Bank’s sole discretion to: (i) refuse payment of any outstanding and unpaid check drawn on any account listed on the Internet Banking Application, and (ii) withhold from processing any transaction generated on the account (including Online Banking Internet Banking Services generated) until sufficient collected funds to cover such transactions have been credited to the accounts. Each party represents and warrants to the other that it is authorized to enter into this Agreement. If at any time any section of this Agreement is found to be invalid, that does not make the remaining sections or terms invalid.
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Joint Acknowledgments and Representations. This E-Business Services Agreement is governed by and will be interpreted under the laws of the State of Texas. This E-Business Services Agreement incorporates by reference all information, responsibilities and liabilities as stated in the Deposit Agreement between Business Entity and Bank. Business Entity has read and understands this E-Business Services Agreement and has had opportunity to review this E- Business Services Agreement with an advisor of its choice if so desired. Bank may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future. Each party represents and warrants to the other that it is authorized to enter into this Agreement. If at any time any section of this Agreement is found to be invalid, that does not make the remaining sections or terms invalid. Bank agrees to receive Business Entity's request to initiate a stop payment order. Business Entity understands that electronically transmitted stop payment orders are pending final verification that check has not been processed and that stop payment is valid. The Bank must receive the stop-payment order in time to allow processing and determination that stop payment is valid. The Bank must receive the stop payment by the cut-off time, which is one hour after the opening of the next banking day after the banking day on which the Bank receives the item. Business Entity agrees to hold the Bank harmless for all expenses, cost and attorney fees incurred as a result of refusing payment of said check. Business Entity further agrees not to hold the Bank liable for payment contrary to this request if payment occurs through accident, inadvertence or oversight other than through lack of good faith or failure to exercise reasonable care on the Bank’s part. Stop payment orders placed will be effective for six months only from the first business date placed. Business Entity understands there will be a fee assessed by Bank in connection with each stop payment, (as stated in the Bank’s Schedule of Service Charges & Fees) and further understands that if payment on the item is stopped, the payee or other holder of the item might still be able to recover from Business Entity the amount of the item, plus other damages. This Stop Payment Agreement shall continue until Bank receives written notification of Business Entity’s revocation or until Bank advises Business Entity in writing that Bank will not con...
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Related to Joint Acknowledgments and Representations

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • Representations, Warranties and Acknowledgments 11.1 Acknowledgments by DB Contractor 11.1.1 To the extent of the Maintenance Services, DB Contractor has full responsibility for the maintenance, repair and upkeep of the Maintained Elements. 11.1.2 DB Contractor assumes, with respect to the Maintained Elements that are within the scope of the Maintenance Services as described in Exhibit 2, the risk of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the Work under the Design-Build Contract; and the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities and acknowledges and agrees that it has incorporated into the Maintenance Price all costs associated with such risks. 11.1.3 DB Contractor shall not be entitled to (a) assert or use the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the Maintenance Services; and/or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities as defenses to the full and complete performance of the Maintenance Services and any other obligation under the CMA Documents; and (b) any Change Order resulting from, related to or arising out of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects and flaws; the materials and supplies used in connection with the construction of the Project; the performance of the Maintenance Services; or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities. 11.1.4 Except to the limited extent provided by Section 1.2.4, DB Contractor shall not be entitled to rely on any documents or information provided by TxDOT relating to the design or construction of the Project, including the Reference Information Documents. 11.1.5 TxDOT shall not be responsible or liable in any respect for any Losses suffered by any of the DB Contractor-Related Entities by reason of the design and construction of the Project; design defects, omissions, errors or inaccuracies; construction defects or flaws; the materials and supplies used in connection with the construction of the Project; the Maintenance Services; or the actions, omissions, negligence, intentional misconduct, or breach of applicable Law or contract by any member of the DB Contractor-Related Entities.