Agent Members. In relation to an Agent Member and its Appointing Members: (a) the Agent Member will represent the Appointing Members and will exercise the rights and perform the obligations of the Appointing Members under and in connection with this Agreement as agent for the Appointing Members; (b) each Appointing Member’s rights of access to and use of the Trading System must be the same as each other Appointing Member and must only be exercised through its Agent Member; (c) except as otherwise expressly provided in this Agreement, a reference to a Member (including a Member participating in a relevant category) includes a reference to the Agent Member acting for and on behalf of the Appointing Members; (d) the obligations of the Appointing Members are joint and several obligations of those Appointing Members, a right of an Appointing Member is held by each of those Appointing Members separately, and any other reference to that Appointing Member is a reference to each of the Appointing Members separately, so that (for example) a representation, warranty or undertaking is given by each of them separately; (e) all acts and omissions of the Agent Member under or in connection with this Agreement are taken to be acts and omissions of all the Appointing Members; (f) the Appointing Members are jointly and severally liable for the acts and omissions of their Agent Member under or in connection with this agreement; (g) payment or delivery to or other performance in favour of the Agent Member under or in connection with this Agreement is taken to be payment or delivery to or other performance in favour of its Appointing Members; and (h) no party to this Agreement is required to inquire into the scope of the authority of the Agent Member and each Appointing Member is bound by and will ratify all acts and omissions of the Agent Member under or in connection with this Agreement.
Appears in 5 contracts
Samples: Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement
Agent Members. In relation to an Agent Member and its Appointing Members:
(a) the Agent Member will represent the Appointing Members and will exercise the rights and perform the obligations of the Appointing Members under and in connection with this Agreement as agent for the Appointing Members;
(b) each Appointing Member’s rights of access to and use of the Trading System must be the same as each other Appointing Member and must only be exercised through its Agent Member;
(c) except as otherwise expressly provided in this Agreement, a reference to a Member (including a Member participating in a relevant category) includes a reference to the Agent Member acting for and on behalf of the Appointing Members;
(d) the obligations of the Appointing Members are joint and several obligations of those Appointing Members, a right of an Appointing Member is held by each of those Appointing Members separately, and any other reference to that Appointing Member is a reference to each of the Appointing Members separately, so that (for example) a representation, warranty or undertaking is given by each of them separately;
(e) all acts and omissions of the Agent Member under or in connection with this Agreement are taken to be acts and omissions of all the Appointing Members;
(f) the Appointing Members are jointly and severally liable for the acts and omissions of their Agent Member under or in connection with this agreement;
(g) payment or delivery to or other performance in favour of the Agent Member under or in connection with this Agreement is taken to be payment or delivery to or other performance in favour of its Appointing Members; and
(hg) no party to this Agreement is required to inquire into the scope of the authority of the Agent Member and each Appointing Member is bound by and will ratify all acts and omissions of the Agent Member under or in connection with this Agreement.
Appears in 3 contracts
Samples: Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement
Agent Members. In relation to an Agent Member and its Appointing Members:
(a) the Agent Member will represent the Appointing Members and will exercise the rights and perform the obligations of the Appointing Members under and in connection with this Agreement as agent for the Appointing Members;
(b) each Appointing Member’s rights of access to and use of the Trading System must be the same as each other Appointing Member and must only be exercised through its Agent Member;
(c) except as otherwise expressly provided in this Agreement, a reference to a Member (including a Member participating in a relevant category) includes a reference to the Agent Member acting for and on behalf of the Appointing Members;
(d) the obligations of the Appointing Members are joint and several obligations of those Appointing Members, a right of an Appointing Member is held by each of those Appointing Members separately, and any other reference to that Appointing Member is a reference to each of the Appointing Members separately, so that (for example) a representation, warranty or undertaking is given by each of them separately;
(e) all acts and omissions of the Agent Member under or in connection with this Agreement are taken to be acts and omissions of all the Appointing Members;
(f) the Appointing Members are jointly and severally liable for the acts and omissions of their Agent Member under or in connection with this agreement;
(g) payment or delivery to or other performance in favour of the Agent Member under or in connection with this Agreement is taken to be payment or delivery to or other performance in favour of its Appointing Members; and
(h) no party to this Agreement is required to inquire into the scope of the authority of the Agent Member and each Appointing Member is bound by and will ratify all acts and omissions of the Agent Member under or in connection with this Agreement.
Appears in 2 contracts
Samples: Gas Supply Hub Exchange Agreement, Gas Supply Hub Exchange Agreement