2003-08-25 Regular Meeting - Laserfiche WebLink

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e e 8ANK~ONE AGREEMENT BETWEEN ("TBPC Co-Op Entity Name") ("TBPC Co';Op Entity Account Number") and BANK ONE, NA FOR PROCUREMENT CARDS As an authorized member of The Texas Building & Procurement Commission (TBPC) Co-Operative Purchasing Program, (Co-Op) the referenced Co-Op Entity is authorized to participate in the Bank One, NA Procurement Card Contract, 946-AI, between Bank One, NA and TBPC. Additional Representations and Warranties of Public Agencies TBPC Co-Op Entity makes these additional representations and warranties, which are hereby included in the contract document and agreement between Bank One and the Co-Op entity: I. All TBPC Co-Op Entity Charges shall be for TBPC Co-Op Entity purposes. 2. The rights and obligations ofTBPC Co-Op Entity under this Agreement are duly authorized, Legal and valid, and this Agreement is a binding obligation of the TBPC Co-Op Entity, enforceable against TBPC Co-Op Entity in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency and other laws affecting the enforcement of creditors rights and remedies in general, or by the application of equitable principles if equitable remedies are sought. 3. Execution of this Agreement by TBPC Co-Op Entity and performance by TBPC Co-Op Entity of its obligations under this Agreement will not (i) constitute or result in a breach or default under TBPC Co- Op Entity's charter or any contract to which TBPC Co-Op Entity is a party or by which it is bound, or (ii) result in the violation of any applicable law, regulation, ordinance, judgment, decree or order. 4. All approvals and authorizations required to pennit the execution, delivery, performance and consummation by TBPC Co-Op Entity of this Agreement and transaction contemplated under this Agreement have been obtained, including any necessary approvals and authorizations from other governmental agencies 5. Any TBPC Co-Op Entity Charges by TBPC Co-Op Entity under this Agreement (i) are duly authorized and constitute valid and binding obligations ofTBPC Co-Op Entity, enforceable against TBPC co-Op Entity, (ii) shall not cause TBPC Co-Op Entity to exceed any legal limits applicable to the TBPC Co-Op Entity Charges when made, and (iii) constitute the legal expenditures of TBPC Co- Op Entity. . . 6. Contract is contingent upon. continued membership in TBPC Co-Op. Prior to the Effective Date of this Agreement, TBPC Co-Op Entity shall deliver to Bank One the opinion of its counsel (or other counsel acceptable to Bank One) as to the matters set forth in Paragraph 1-6 above, which opinion shall be in the form and substance acceptable to Bank One. Executed by duly authorized officers of the parties to be effective as of (the "Effective Date") and continue until contract 946-Al is terminated, cancelled or expires. BANK ONE, NA TBPC Co-Op Entity Name By By Print Name Print Name Title Title Date Signed Date Signed