NOT APPLICABLE TO THIS AGREEMENT Sample Clauses
The "Not Applicable to This Agreement" clause serves to explicitly state that certain provisions, terms, or referenced documents do not apply to the current contract. In practice, this clause is used to clarify that specific sections, obligations, or standard terms—perhaps included in templates or referenced from other agreements—are intentionally excluded from the present agreement. By doing so, it prevents confusion or disputes over whether those provisions are enforceable, ensuring that only the relevant and agreed-upon terms govern the relationship between the parties.
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NOT APPLICABLE TO THIS AGREEMENT. F2 Warranties and Representations
F2.1 The Contractor 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 and that the Contract is executed by a duly authorised representative of the Contractor;
(b) in entering the Contract it has not committed any Fraud;
(c) as at the Commencement Date, all information contained in the Tender remains true, accurate and not misleading, save as may have been specifically disclosed in writing to the Client prior to execution of the Contract;
(d) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of the Contractor’s knowledge and belief, pending or threatened against it or any of its assets which will or might have a material adverse effect on its ability to perform its obligations under the Contract;
(e) it is not subject to any Contractual obligation, compliance with which is likely to have a material adverse effect on its ability to perform its obligations under the Contract;
(f) 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 Contractor 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 Contractor’s assets or revenue;
(g) 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;
(h) in the 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;
NOT APPLICABLE TO THIS AGREEMENT. If the Qualifying System’s Point of Delivery and Point of Interconnection are in different locations, the Participant will be required to lease any facilities between these two points on a month to month basis. Lease of Facilities shall be defined according to the Distributor’s Guidelines. Participant shall lease from Distributor the equipment and facilities as described in the Inventory Document attached hereto as Exhibit C. Title to and responsibility for maintenance and repair of the facilities remain with Distributor.