Agent Responsibilities. During the Term and subject to the provisions of this Agreement, the Agent shall, at its expense (unless otherwise provided for herein) perform the FAN Services as described in each FAN Service Schedule to the Service Specifications, including provision of all computers, telecommunications connectivity and equipment reasonably necessary at its facilities to operate FAN and the DST FAN Web Site.
Agent Responsibilities. During the Term and subject to the provisions of this Agreement, the Agent shall, at its expense (unless otherwise provided for herein or in a Service Schedule) provide all computers, telecommunications equipment and other equipment and software necessary to provide the FAN Mail Services.
Agent Responsibilities. Borrower, the Administrative Agent and each Lender acknowledges and agrees that the obligations of the Syndication Agent, the Documentation Agent, the Managing Agents, and the Co-Agents (collectively, the “Other Agents”) hereunder shall be limited to those obligations that are expressly set forth herein, if any, or in any other written agreement with such parties, and the Other Agents shall not be required to take any other action or assume any liability except as may be required in their capacity as a Lender hereunder. Borrower, the Administrative Agent and each Lender agrees that the indemnifications set forth herein for the benefit of the Administrative Agent shall also run to the benefit of each Other Agent to the extent such Other Agent incurs any loss, cost or damage arising from its agency capacity hereunder.
Agent Responsibilities. The Agent agrees to accept the following responsibilities:
A. To use diligence in the management of the premises for the period and upon the terms herein provided, and agrees to furnish the services of Agent, for the renting, leasing, operating, and managing of the herein described premises.
B. To make every reasonable effort to collect rents and other monies from Tenant when and as they become due, however, Agent does not guarantee the payment of Tenant obligations. Agent may employ collection agencies, attorneys, or any other reasonable and lawful means to assist in the collection of any outstanding Tenant obligation.
C. To render monthly statements to Owner of income and expenses and to disburse to Owner the net proceeds of such accounting. Statements and financial disbursements will be made-customarily between the tenth (10th) day and fifteenth (15th) day of each month, but in no case will disbursements be made until Tenant funds have cleared Agent’s bank. In the event disbursements should be in excess of income collected, Owner shall pay such excess promptly to Agent. Agent may reserve Owner’s funds to meet obligations that are or may become due thereafter and for which current income may be adequate.
D. To deposit all receipts collected for Owner or held on behalf of Tenant in escrow accounts separate from Agent’s personal funds. However, Agent shall not be held liable in the event of bankruptcy or failure of depository (such as a bank or banking institution.) Agent may require releases from all parties in the event of a controversy before disbursing escrow funds.
E. To provide security deposit evaluations to Owner and submit recommendations and cost estimates, of any, to Owner at the expiration of a tenancy.
F. To honor Owner’s preference with respect to allowing pets to be kept on the Premises. Pets — other than animals trained or used for assisted living purposes — will be permitted only with prior approval of Owner.
G. Damages or Missing Items: Agent is not responsible for damage to the premises or items missing, switched out, lost or damaged under any circumstances, including but not limited to, theft, vandalism or negligence of Tenants or their guests. In furnished units, an inventory will be checked by Agent at departure. In the event Tenants damage the premises or owes any monies to the Owner, Agent is given the exclusive authority to determine in its professional judgment the amount due, charge the Tenants accordingly and/or settle with the ...
Agent Responsibilities. In marketing and offering the Products for sale in the Territory, the Agent shall:
1. Act with diligence, devoting reasonable time and effort to fulfill the duties described herein;
2. Maintain reasonable technical and practical knowledge with regard to the Products;
Agent Responsibilities. (a) AGENT agrees to provide materials and advertising to actively promote CELLULAR ONE Authorized Services and appropriate sales facilities to enhance the sale of CELLULAR ONE Authorized Services.
(b) AGENT will sell CELLULAR ONE's Authorized Services to customers by employing the following techniques (in addition to others): providing demonstrations of CELLULAR ONE's Service, explaining its benefits, explaining the terms and conditions of purchase of the Service, providing sales literature prepared by CELLULAR ONE, and training the customer in the use of CELLULAR ONE's Service. AGENT will offer the Authorized Services subject to all of the applicable terms of CELLULAR ONE's form of contract for customers.
(c) AGENT agrees that it must obtain CELLULAR ONE's prior written approval to open any locations in addition to those listed in Exhibit A. However, an amendment of this Agreement shall not be necessary to subject any new or additional AGENT locations to the terms and conditions of this Agreement; rather, the opening of such locations shall automatically subject them to the terms and conditions of this Agreement. AGENT agrees to establish and maintain installation and maintenance facilities at the locations set forth in Exhibit A and other such locations as AGENT may establish from time to time to the satisfaction of CELLULAR ONE, approval of which shall not be unreasonably withheld, and to furnish high quality and prompt installation, warranty and maintenance service for all CPE sold or leased by it to Subscribers. Notwithstanding anything to the contrary contained herein, the closing of one or more locations shall not be considered a default by AGENT so long as AGENT keeps open at least 80% (eighty percent) of the locations which are initially listed in Exhibit A and operates them in compliance with all of the requirements hereof.
(d) AGENT, at its own expense, shall obtain from the manufacturer(s) and distributor(s) all required training in the operation, installation, warranty and maintenance service of CPE. If AGENT (1) chooses to handle any one or more of the CELLULAR ONE rental, lease or third-party financing plans and installs the equipment provided pursuant thereto, or (2) performs installs of other CELLULAR ONE-owned equipment provided directly to customers and referred to AGENT for installation (as required by Paragraph 4(o)), then AGENT shall be obligated to comply with all of the requirements of the Cellular One Authorized Service Center Prog...
Agent Responsibilities. In marketing and offering the Products for sale in the Territory, the Agent shall: Act with diligence, devoting reasonable time and effort to fulfill the duties described herein; Maintain reasonable technical and practical knowledge with regard to the Products; Utilize promotional materials provided to the Agent by the Company for the purpose of marketing and selling the Products; If requested by the Company, attend and participate in trade shows and conventions related to the Products; Promptly respond to all communications by customers and the Company regarding the Products; Reasonably assist the Company with regard to any and all collection matters as requested by the Company; and Prepare and maintain any reports and documentation, as requested by the Company.
Agent Responsibilities. Xxxxxxxx Beach agrees to provide the premises in a fit and habitable condition. If at the time tenant is to begin occupancy of the premises, Xxxxxxxx Beach cannot provide the premises in a fit and habitable condition or substitute a reasonably comparable property in such condition, Xxxxxxxx Beach shall refund to Tenant all payments made by tenant. Xxxxxxxx Beach shall conduct any brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any tenant.
Agent Responsibilities. Agent acknowledges and agrees that it is solely responsible for monitoring legal developments applicable to the operation of its business and Card operations including interpreting applicable state and federal laws, determining the requirements for compliance with all applicable state and federal laws. Consequently, Agent agrees that Processor has no responsibility to monitor or interpret laws applicable to Agent’s business or Agent’s selection of system options and programming, or to assure that Agent’s selection of any system option or programming (either alone or acting in conjunction with other system options and programming selected by Agent) is consistent with laws applicable to Agent or the terms and conditions of Agent’s agreements with, or disclosure to, its Cardholders or others. Processor
Agent Responsibilities. The Agent shall:
(a) Diligently sample (by passing to Producer sample requests of existing and potential customers in the Trading Area), advertise and promote the sale of the Products to the Industry in the Trading Area to fulfill the Products sales objectives mutually established by the parties from time to time;
(b) Maintain a bona fide sales department adequately staffed, trained and equipped to enable Agent to serve the Industry in the Trading Area adequately and properly, to give customers technical sales assistance, address and resolve customer complaints and to fulfill its other obligations under this Agreement;
(c) Prepare and submit to the Producer call reports regarding visits to existing and potential customers in the Trading Area, all in such form and at such times as Producer may from time to time reasonably request;
(d) Maintain adequate supply of all current literature (including product data sheets, safety data sheets (“SDS”), brochures, etc.) relating to the Products and to provide customers and prospective customers with copies of the same at the time of Product inquiry or order solicitation, acceptance or thereafter, and, in particular, maintain and provide all customers of Products with appropriate safety related literature and SDS in full compliance with all applicable regulatory requirements including, as applicable, the OSHA Hazard Communication Standard;
(e) Participate in trade shows and exhibitions in the Trading Area where, in Agent’s reasonable business judgment, such participation will promote the Products;
(f) Not make any representation or warranty with respect to any Products, other than as expressly provided by Producer;
(g) Conduct its business in a professional and ethical manner, and in compliance with all applicable laws including, without limitation, those pertaining to taxes and the prohibition of corruption, bribery and the offering of inducements to public or semi-public officials, including the United States Foreign Corrupt Practices Act;
(h) Not promote, market or solicit orders for any Products outside the Trading Area, or inside the Trading Area for use outside the Industries, in each case where Agent is not authorized to sell such Products, without Producer’s prior written consent, which consent may be withheld in Producer’s absolute discretion; and,
(i) Sell, advertise and promote the Products only to customers in the Industry within the Trading Area and promptly refer all orders for Products from outside the ...
