AMENDMENT BY THE CUSTODIAN Sample Clauses

AMENDMENT BY THE CUSTODIAN. The Custodian shall have the exclusive authority to amend and interpret the provisions of this Agreement. The Custodian shall exercise such authority consistent with the applicable sections of the Code and the regulations thereunder. The Custodian shall timely provide notice to the Depositor of any such amendments and the Depositor shall be deemed to have consented to any amendment as of its issuance. The Custodian shall have the exclusive authority to cease offering a Xxxxxxx Xxxxx Traditional or Xxxx XXX via the IRS model forms and have the Depositor adopt this Agreement by negative consent after a 30-day advance notice period. The Custodian shall also have the authority to have a Depositor adopt this Agreement by negative consent after a 30-day advance notice period with respect to acquired Traditional and Xxxx IRAs. For any adoptions under this paragraph, if the Depositor maintained a Traditional XXX, then this restatement will be treated as explicit and unambiguous execution of a Traditional XXX under this Agreement. Similarly, if the Depositor maintained a Xxxx XXX, then this restatement will be treated as an explicit and unambiguous execution of a Xxxx XXX under this Agreement. The Custodian has the exclusive authority to amend, revise or substitute the fee schedule identified or referred to in the Disclosure Statement and such amendment, revision or substitution will not be deemed an amendment to this Agreement.
Sample 1
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AMENDMENT BY THE CUSTODIAN. The Custodian may make any retroactive or prospective modification of, or amendment to, this Agreement that the Custodian, in its sole discretion, determines to be desirable for the administration of this Agreement or necessary to conform the Agreement to or satisfy the conditions of any law, governmental regulation or ruling. The Custodian shall deliver notice of any such amendment to the Participant and Employer. No amendment to this Agreement shall cause or permit: (i) any part of the assets of the Account to be used for, or diverted to, purposes other than for the exclusive benefit of the Participant or Beneficiary; or (ii) a reduction in the Participant’s accumulated benefits under this Agreement as described in §1.403(b)– 10(b)(2), unless such amendment is required for the purpose of conforming the Agreement to the requirements of any ruling, regulation or law. The Participant understands and agrees that the Account may be amended and restated by the Custodian, in its sole discretion (with the agreement of the Employer), into a Group Custodial Account between the Employer and the Custodian. Upon such amendment and restatement, this Agreement shall terminate in its present form. 2.
Sample 1
AMENDMENT BY THE CUSTODIAN. The Account is established with the intention that it will meet the requirements of Code Section 403(b)(7). By execution and delivery of the Application, the Participant authorizes the Custodian to amend this Agreement in any respect at any time in order to meet the requirements of such Code Section 403(b)(7), or to obtain an Internal Revenue Service determination, opinion or ruling that such requirements have been met. The Custodian will give prompt written notice to the Participant of any such amendment. Notwithstanding the foregoing, however, the Custodian shall not have the right to modify or amend this Agreement in such a manner as to deprive any Participant or his/her Beneficiary of any benefit to which he/she was entitled under this Agreement by reason of contributions made prior to the modification or amendment, unless such modification or amendment is necessary to conform this Agreement to, or satisfy the conditions of, any law, including, without limitation, Code Section 403(b)(7). 2.
Sample 1

Related to AMENDMENT BY THE CUSTODIAN

  • PROCEDURE TO CANCEL AGREEMENT BY THE STUDENT ALL requests for cancellation of the housing agreement must be IN WRITING OR REPRODUCIBLE ELECTRONIC FORMAT and submitted to UCF DHRL at the address for official communications shown in this agreement.

  • Assignment by the Authority Notwithstanding anything to the contrary contained in this Agreement, the Authority may, after giving 60 (sixty) days' notice to the Concessionaire, assign and/ or transfer any of its rights and benefits and/or obligations under this Agreement to an assignee who is, in the reasonable opinion of the Authority, capable of fulfilling all of the Authority's then outstanding obligations under this Agreement.

  • Release by the Contractor The acceptance by the Contractor of final payment shall release NYSERDA from all claims and liability that the Contractor, its representatives and assigns might otherwise have relating to this Agreement.

  • Amendment by Mutual Consent 55.01 It is agreed by the parties to this Agreement that any provision in this Agreement, other than the duration of agreement, may be amended by mutual consent of the Employer and the Union.

  • Termination by the Customer The Customer may terminate this Agreement by providing a written notice of termination to the Transfer Agent, specifying the date as of which this Agreement will terminate, which may be any date, including the date such written notice is provided, provided the circumstances described below giving rise to the termination right are continuing at the time of the Transfer Agent’s receipt of such written notice, if as a result of an Event Beyond Reasonable Control:

  • Assignment by Contractor With the prior written consent of DCYF’s Contract Administrator, which consent shall not be unreasonably withheld, the Contractor may assign this Contract including the proceeds hereof, provided that such assignment shall not operate to relieve the Contractor of any of its duties and obligations hereunder, nor shall such assignment affect any remedies available to DCYF that may arise from any breach of the sections of this Contract, or warranties made herein including but not limited to, rights of setoff.

  • Acceptance by the City It is expressly understood and agreed that all materials provided and/or work done by the Contractor shall be subject to inspection and acceptance by the City at its discretion, and that any progress inspections and approval by the City of any item or work shall not forfeit the right of the City to require the correction of faulty workmanship or material at any time during the course of the work, although previously approved by oversight. Nothing herein contained shall relieve the Contractor of the responsibility for proper construction and maintenance of the work, materials and equipment required under the terms of this Contract until all work has been completed and accepted by the City.

  • Review by the World Bank of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the World Bank’s Prior Review. All other contracts shall be subject to Post Review by the World Bank.

  • Reliance by the State on Representations All payments by the State under this Agreement will be made in reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including but not limited to bills, invoices, progress reports and other proofs of work.

  • CHANGE OF ASSIGNMENT BY THE STUDENT The Student may change residence assignment, (including, but not limited to, room transfers), only after receiving written or electronically reproducible approval from an authorized staff member of UCF DHRL, and only in conformity with established procedures for changing residence assignments.

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