Applicability to Affiliates. The Intermediary acknowledges and agrees that the Intermediary has identified and/or will identify to the Fund Agent all persons affiliated with the Intermediary and known to the Intermediary who meet the definition of "Intermediary" as set forth in Section 4 of this Agreement. In the event that any such person is not so identified, such person shall be deemed to be subject to the terms and conditions of this Agreement until such person has entered into a separate agreement with the Fund Agent.
Applicability to Affiliates. The Intermediary acknowledges and agrees that the Intermediary has identified and/or will identify to NBMI all persons affiliated with the Intermediary and known to the Intermediary who meet the definition of "Applicable Intermediary" as set forth in Section 4 herein. The term "Applicable Intermediary" shall mean an affiliate of Intermediary that is (i) any broker, dealer, bank or other entity that holds securities of record issued by a Fund in nominee name; and (ii) in the case of a participant-directed employee benefit plan that owns securities issued by a Fund, (1) a retirement plan administrator under the Employee Retirement Income Security Act of 1974, or (2) any entity that maintains the plan's participant records. In the event that any such person is not so identified, such person shall be deemed to be subject to the terms and conditions of this Agreement until such person has entered into a separate agreement with NBMI.
Applicability to Affiliates. Any Confidential Information disclosed by an affiliated company of either the Owner/Landlord or Presenter which would otherwise constitute Confidential Information hereunder if disclosed by the Presenter, shall be deemed to constitute Confidential Information under this Agreement, and the rights of such party under this Agreement may be enforced by any such affiliate as if such affiliate were also a party to this Agreement. The Recipient may disclose any Confidential Information received hereunder to the Representatives of any of its affiliated companies; provided, that in Recipient’s judgment, such Representatives need to know such Confidential Information for the purpose of evaluating the Proposed Transaction; and provided further that such Representatives comply with the provisions of this Agreement.
Applicability to Affiliates. Any Confidential Information disclosed by an affiliated company of Ameren Illinois which would otherwise constitute Confidential Information hereunder if disclosed by Ameren Illinois, shall be deemed to constitute Confidential Information under this Agreement, and the rights of Ameren Illinois under this Agreement may be enforced by any such affiliate as if such affiliate were also a Party to this Agreement.
Applicability to Affiliates. Equifax and Intersections shall each cause their Affiliates to (a) comply with this Agreement and the Exhibits hereto and (b) perform the Services described on the Exhibits hereto. From time to time after the date hereof, Equifax and Intersections may change which of their Affiliates shall provide or receive services hereunder, provided that such changes do not materially change the nature of the Services being provided.
Applicability to Affiliates. The Intermediary acknowledges and agrees that the Intermediary has identified and/or will identify to Janus all persons affiliated with the Intermediary and known to the Intermediary who meet the definition of "Intermediary" as set forth in Section 7 of this Agreement. In the event that any such person is not so identified, such person shall be deemed to be subject to the terms and conditions of this Agreement until such person has entered into a separate agreement with the Janus.
Applicability to Affiliates. The Financial Intermediary acknowledges and agrees that the Financial Intermediary has identified and/or will identify to the Fund Company all persons affiliated with the Financial Intermediary and known to the Financial Intermediary who meet the definition of “Financial Intermediary” as set forth in Section 7 of this Agreement. In the event that any such person is not so identified, such person shall be deemed to be subject to the terms and conditions of this Agreement until such person has entered into a separate agreement with the Fund Company.
Applicability to Affiliates. Any Confidential Information disclosed by an affiliated company of either of the Parties which would otherwise constitute Confidential Information hereunder if disclosed by either of the Parties, shall be deemed to constitute Confidential Information under this Agreement, and the rights of such Party under this Agreement may be enforced by any such affiliate as if such affiliate were also a party to this Agreement.
Applicability to Affiliates. Any information disclosed by an affiliated company of the Disclosing Party to Recipient which would otherwise constitute Confidential Information hereunder if disclosed by Disclosing Party shall be deemed to constitute Confidential Information under this Agreement, and the rights of the Disclosing Party under this Agreement may be enforced by any such Affiliate as if such Affiliate were also a party to this Agreement. An “Affiliate” will be defined as any entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with the applicable Party.
Applicability to Affiliates. If applicable, and notwithstanding any other Clauses of this PSA, Customer acknowledges and agrees that in the event that a Customer Affiliate enters into an Order with Matterport: (a) any Losses incurred by such Customer Affiliate pursuant to or in connection with such Order will be treated as a Loss suffered by Customer and, to the extent that pursuant to the terms of this PSA such Loss would be recoverable by Customer from Matterport had such Loss been suffered by Customer, such Loss shall only be recoverable by Customer against Matterport; and (b) any Losses incurred by Matterport pursuant to or in connection with such Order due to an act or omission of Customer's Affiliate (or an Authorised User of such Customer Affiliate) will be treated as if such Loss had been caused by or contributed to by Customer and shall be recoverable by Matterport against Customer to the same extent that Customer would be liable to Matterport pursuant to the terms of this PSA had the relevant act or omission been committed by Customer.
