10.07.2015 Views

1E9Ct5D

1E9Ct5D

1E9Ct5D

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(f)(g)Losses to the extent covered by a party's insurance[./; or][Losses arising from or relating to a party's violation of Law[./; or]](h) [A party's obligation to pay attorneys' fees and court costs in accordancewith Section 21.15.]16. Representations and Warranties.16.1 Mutual Representations and Warranties. Each party represents and warrants tothe other party that:(a) it is duly organized, validly existing and in good standing as a corporationor other entity as represented herein under the laws and regulations of its jurisdiction ofincorporation, organization or chartering;(b) it has, and throughout the Term and any additional periods during which itdoes or is required to perform the Services will retain, the full right, power and authorityto enter into this Agreement and perform its obligations hereunder;(c) the execution of this Agreement by its representative whose signature is setforth at the end hereof has been duly authorized by all necessary[corporate/organizational] action of the party; and(d) when executed and delivered by such party, this Agreement will constitutethe legal, valid and binding obligation of such party, enforceable against such party inaccordance with its terms[, except as the enforceability thereof may be limited bybankruptcy and similar Laws affecting creditors' rights generally and by general equitableprinciples].16.2 Additional Provider Warranties. Provider represents, warrants and covenants toCustomer that:(a) Provider has, and throughout the Term and any additional periods duringwhich Provider does or is required to perform the Services will have, the unconditionaland irrevocable right, power and authority[, including all permits and licenses required,]to provide the Services and grant and perform all rights and licenses granted or requiredto be granted by it under this Agreement;(b) neither Provider's grant of the rights or licenses hereunder nor itsperformance of any Services or other obligations under this Agreement does or [toProvider's knowledge as of the Effective Date] at any time will: (i) conflict with or violateany applicable Law, including any Law relating to data privacy, data security or PersonalData; (ii) require the consent, approval or authorization of any governmental orregulatory authority or other third party; or (iii) require the provision of any payment or44

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!