Appointment of Service Provider. Operator may appoint an unrelated third party, who is appropriately qualified, licensed, and financially responsible, to operate and maintain the Facilities throughout the Term (a “Service Provider”). Operator shall submit such appointment of any Service Provider to Owner for its prior written approval, which approval shall not be unreasonably withheld or delayed, and if applicable, to PJM and/or DPL. No such appointment nor the approval thereof by Owner, however, shall relieve Operator of any liability, obligation, or responsibility resulting from a breach of this Agreement.
Appointment of Service Provider. The Funds hereby retain the Service Provider for purposes of providing certain services for the period and on the terms set forth in this Agreement. The Service Provider accepts such appointment and agrees to render the services stated herein. In the event that one or more additional funds desire to be added to this Agreement with respect to which Service Provider shall perform the services hereunder, such fund(s) shall notify the Service Provider in writing. Upon written acceptance by the Service Provider, such additional fund(s) shall become Fund(s) subject to the provisions of this Agreement to the same extent as the existing Funds, except to the extent that such provisions (including those relating to compensation and expenses payable) may be modified with respect to such Fund(s) in writing by the Funds and the Service Provider at the time of the addition of such additional Fund(s).
Appointment of Service Provider. Subject to the terms of this Agreement, LNGCo hereby appoints CMI to be the provider of the Services commencing as of the Effective Date.
Appointment of Service Provider. Subject to Section 2 hereof, effective the "Commencement Date", the Company hereby appoints the Service Provider as its exclusive Service Provider for each of the Products in the Territory, and the Service Provider hereby accepts such appointment, all upon the terms and conditions set forth in this Agreement.
Appointment of Service Provider. (a) Owner hereby appoints Service Provider, and Service Provider hereby accepts the appointment, to perform the SEF operations and maintenance services (“Services”) on behalf of Owner as of the Services Commencement Date as further described in Exhibit C hereto in accordance with and subject to the terms and conditions set forth in this Agreement.
(b) Except as otherwise expressly provided in this Agreement, Service Provider shall perform the Services and its obligations under this Agreement, and act at all times as an independent Service Provider of Owner. None of Service Provider’s employees shall be, or shall be considered to be, employees of Owner. Service Provider shall be fully responsible for the payment of all wages, salaries, benefits and other compensation to its employees. This Agreement is not intended to create, and shall not be construed to create, and neither Party shall be or constitute, or be deemed or construed to be or constitute, under any circumstances or for any purpose whatsoever, a partner, joint venturer, agent (except as specifically provided in this Agreement) or legal representative of the other Party, and the Parties expressly disclaim any intention to create a partnership, joint venture, association or other such relationship. Neither Party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party, or to bind the other Party in any manner (except as specifically provided in this Agreement).
Appointment of Service Provider. Imation RIA hereby appoints the Service Provider to provide the Services and the Capacity to Imation RIA, and the Service Provider hereby agrees to provide the Services and the Capacity to Imation RIA, in accordance with this Agreement.
Appointment of Service Provider. Operator may appoint an unrelated third party, who is appropriately qualified, licensed, and financially responsible, to operate and maintain the Facilities throughout the Term (a “Service Provider”). Operator shall submit such appointment of any Service Provider to Owner for its prior written approval, which approval shall not be unreasonably withheld or delayed. Operator will procure that the Service Provider enters into a direct agreement in reasonably satisfactory form with Owner and/or Owner’s Lender if requested by Owner or Owner’s Lender. No such appointment nor the approval thereof by Owner, however, shall relieve Operator of any liability, obligation, or responsibility under this Agreement.
Appointment of Service Provider. 8.1. FSI shall be entitled to appoint any Service Provider within its discretion for the provision of all or any part of the Services.
8.1.1. FSI shall be entitled to terminate and/or cancel any contract that FSI has entered into with a Service Provider to provide Services in its discretion.
8.1.2. The Resident hereby cedes to and in favour of FSI any and all rights that the Resident may have or acquire in terms of any damages claim, including but not limited to, any claim that may result due to damage to property, loss of property, and/or bodily harm as a result of the appointment of a Service Provider by FSI and/or the delivery of Services by a Service Provider.
8.1.3. The Resident indemnifies and holds FSI harmless against any loss, expense or damage suffered, sustained or incurred by FSI and/or the Resident arising out of or in connection with the appointment of any Service Provider and/or the cancellation/termination of any contract as contemplated in this clause 8 and/or the provision of the Services.
Appointment of Service Provider. With effect as from 5th January 2017, (the “Effective Date”), and continuing unless and until terminated as provided in this Agreement, the Client hereby appoints the Service Provider and the Service Provider hereby agrees to provide the Staff Services.
Appointment of Service Provider. The Fund hereby appoints the Service Provider to act as sub-administrator with respect to the Fund’s investment portfolios listed in Schedule A for purposes of providing certain sub-administrative services for the period and on the terms set forth in this Agreement. The Service Provider accepts such appointment and agrees to render the services stated herein. In the event that the Fund wishes to retain the Service Provider to act as sub-administrator hereunder with respect to additional portfolios (“Additional Portfolios”) hereinafter established by the Fund, the Fund shall notify the Service Provider in writing. Upon written acceptance by the Service Provider, such Additional Portfolios shall be listed on an amended Schedule A and shall become subject to the provisions of this Agreement to the same extent as the existing portfolios, except to the extent that such provisions (including those relating to the compensation and expenses payable by the Adviser) may be modified with respect to each Additional Portfolio in writing by the Fund, the Adviser and the Service Provider at the time of the addition of the Additional Portfolios.
