Performance Representations Clause Samples

The Performance Representations clause requires one party to affirm that they are capable of fulfilling their contractual obligations as specified in the agreement. Typically, this involves assurances regarding the party’s skills, resources, or qualifications necessary to perform the work or deliver the goods or services. By including this clause, the contract helps ensure that the party making the representation is held accountable for their ability to perform, thereby reducing the risk of non-performance and providing reassurance to the other party.
Performance Representations. (a) PSP represents that all services provided by PSP under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. PSP represents that any work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be: (i) completed in a manner consistent with standards in the applicable trade, profession, or industry; and
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Performance Representations. A/E represents that all services provided by A/E under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. A/E represents that any plans, drawings, photos, designs, studies, specifications, computer programs, technical reports, and other work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be: (i) completed in a manner consistent with standards in the applicable trade, profession, or industry; (ii) conform to or exceed the specifications set forth in this Agreement; and,
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Performance Representations. The Subcontractor, by execution of this Subcontract represents that it has the ability, authority, skill, expertise and capacity to perform the services specified hereunder in connection with this Program.
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Performance Representations. PSP represents that all services provided by PSP under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. PSP represents that any plans, drawings, photos, designs, studies, specifications, computer programs, technical reports, and other work which is specified to be delivered under this Agreement and which are to be paid for by TFC (collectively, the “Deliverables”) under this Agreement shall be: (i) completed in a manner consistent with standards in the applicable trade, profession, or industry; (ii) conform to or exceed the specifications set forth in this Agreement; and, (iii) be fit for ordinary use, of good quality, and with no material defects. If PSP fails to provide or satisfactorily perform any of the conditions, work, or Deliverables called for by this Agreement within the time requirements specified, then TFC may require PSP to: 5.1.1. repair or replace, at PSP’s expense, any or all defective or damaged Deliverables; 5.1.2. refund any payment received for any defective or damaged Deliverables and, in conjunction therewith, require PSP to accept the return of any defective or damaged Deliverables at PSP’s sole expense; and/or 5.1.3. take necessary action to provide that future performance conforms to the Agreement requirements at PSP’s sole expense.
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Related to Performance Representations

  • Payee Representations For the purpose of Section 3(f) of this Agreement, Party A and Party B make the representations specified below, if any:

  • Grievance Representation (A) An employee who decides to use this grievance procedure shall indicate at Step 1 (or other initial written step as authorized by the provisions of this Article) whether he shall be represented by the Union. If a grievant selects a Union Grievance Representative to represent him in a grievance which has been properly filed in accordance with this Article, the Union Grievance Representative may be allowed a reasonable amount of annual leave to investigate the grievance. Such annual leave shall be subject to prior approval by the Union Grievance Representative’s immediate supervisor; however, approval of such leave will not be withheld if the Union Grievance Representative can be allowed such time off without interfering with, or unduly hampering the operations of the unit to which the Union Grievance Representative is regularly assigned. When a grievant has elected Union representation, both the grievant and the Union Grievance Representative shall be notified of a Step 1 meeting. Written communication concerning the grievance or its resolution shall be sent to the grievant and the Union Grievance Representative, and the decision agreed to by the state and the Union shall be binding on the grievant. (B) If the employee is not represented by the Union, an adjustment of the grievance shall be consistent with the terms of this collective bargaining Agreement. The Union shall be given reasonable opportunity to be present at a meeting called for the resolution of such grievance. A grievant using this procedure in the processing of a grievance will be bound by the procedure established by the parties to the Agreement. (C) The Executive Director of the Union shall furnish to the state a list of Union Representatives and the state will not recognize a person as a Union Representative whose name does not appear on the list. (D) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the work hours of grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the Union.

  • Representations of Executive Executive represents and warrants to the Company that Executive’s performance of Executive’s duties will not conflict with or result in a violation of, a breach of, or a default under any contract, agreement, or understanding to which Executive is a party or is otherwise bound. Executive’s performance of Executive’s duties will not violate any non-solicitation, non-competition, or other similar covenant or agreement of a prior employer or third-party.

  • Basic Representations Section 3(a) of the Agreement is hereby amended by the deletion of “and” at the end of Section 3(a)(iv); the substitution of a semicolon for the period at the end of Section 3(a)(v) and the addition of Sections 3(a)(vi), as follows:

  • 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.