ADDITIONAL AGREEMENT TERMS AND CONDITIONS. TRADING IN DERIVATIVE INSTRUMENTS OR ON MARGIN (APPLIED ONLY IF INCLUDED IN THE CA)
ADDITIONAL AGREEMENT TERMS AND CONDITIONS. Indemnification: Because the Managing Party is in a better position than Consumer Direct to monitor, supervise and watch over the Employees in the performance of their duties, the Managing Party agrees to indemnify, which means to repay, defend and hold harmless Consumer Direct from any claims, causes of actions, complaints, lawsuits claiming any damages or liability against Consumer Direct, as the result of any actions, inactions, or any conduct by the Employee, while employed by the Managing Party. This Indemnification Agreement includes any claims for damage to the Client’s property or person, or the property or person of any third party. The Managing Party understands that this means that the Managing Party will be required to pay for all claims of damages caused by their Employee(s) while employed by the Managing Party, made against Consumer Direct, including the costs that Consumer Direct incurs in defending itself against such claims. Partial Invalidity: If something in this Agreement does not apply or changes with time that does not mean the rest of the Agreement does not apply. If one part of this Agreement is determined to be invalid, the rest of the Agreement remains in place. Conflicts/Complaints: The Managing Party agrees to abide by the Complaint Process defined by Authorizing Entity and Consumer Direct's complaint process described in the enrollment materials. Arbitration: Consumer Direct and the Managing Party agree that they will attempt to resolve any complaints, misunderstandings and other issues between themselves. If Consumer Direct or the Managing Party decides that they cannot settle a disagreement by working together, they will choose someone together to work out the disagreement. This is called arbitration. The cost of arbitration will be paid equally between Consumer Direct and the Managing Party. The decision of the Arbitrator may be given to a judge, in the event the decision is not accepted by either party.
ADDITIONAL AGREEMENT TERMS AND CONDITIONS. Borrower hereby agrees that; a) In the event any amount payable under the Agreement shall not be paid when due, Lender shall have the right to assess and Borrower shall pay to Lender as a late charge, 5% of such overdue amount or the maximum late charge allowed by law, whichever is less and payments thereafter received shall be applied first to delinquent installments and than to current installment; b) maintain a system of accounts established and administered in accordance with generally accepted accounting principles and practices consistently applied; c) within one hundred and twenty (120) days after the end of each fiscal year, deliver to Lender a balance sheet as at the end of such year and statement of operations for such year, in each case prepared in accordance with generally accepted accounting principles and practices consistently applied and certified by Borrower’s chief financial officer as fairly presenting the financial position and results of operations of Borrower, and, in the case of year-end financial statements, certified by an independent accounting firm acceptable to Lender; d) an event of default shall occur under any indebtedness Borrower may now or hereafter owe to any affiliate of Lender; e) any guarantor of this Agreement of any Loan Schedule shall be subject to all events of default stipulated herein; f) Lender may in its sole Lender: Xxxxx Fargo Equipment Finance, Inc. Ready Mix, Inc., Borrower By: /s/ [ILLEGIBLE] By: /s/ Xxxxx Xxxxx Title: Senior Contract Admin Title: CFO, Sec / Treas. discretion, accept a photocopy, electronically transmitted facsimile or other reproduction of this Agreement and/or a Loan Schedule (a “Counterpart”) as the binding and effective record of this Agreement and/or a Loan Schedule whether or not an ink signed copy here of or thereof is also received by Lender from Borrower, provided, however, that if Lender accepts a Counterpart as the binding and effective record of this Agreement or a Loan Schedule, the Counterpart acknowledged in writing by Lender shall constitute the record hereof or thereof. Borrower agrees that a Counterpart of this Agreement or a Loan Schedule received by Lender, shall, when acknowledged in writing by Lender, constitute an original document for the purposes of establishing the provisions hereof and thereof and shall be legally admissible under the best evidence rule and binding on and enforceable against Borrower. If Lender accepts a Counterpart of a Loan Schedule as the bind...
