AXA Rxxxxxxxx Portfolio Performance Sample Clauses

AXA Rxxxxxxxx Portfolio Performance. The investment performance of the AXA Rxxxxxxxx Portfolio for any period, expressed as a percentage of the AXA Rxxxxxxxx Portfolio unit value at the beginning of the period, will be the sum of: (i) the change in the AXA Rxxxxxxxx Portfolio unit value during such period; (ii) the unit value of the Fund’s cash distributions from the AXA Rxxxxxxxx Portfolio’s net investment income and realized net capital gains (whether short- or long-term) having an ex-dividend date occurring within the period; and (iii) the unit value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period by the AXA Rxxxxxxxx Portfolio, expressed as a percentage of the AXA Rxxxxxxxx Portfolio unit value at the beginning of such period. For this purpose, the value of distributions of realized capital gains per unit of the AXA Rxxxxxxxx Portfolio, of dividends per unit of the AXA Rxxxxxxxx Portfolio paid from investment income, and of capital gains taxes per unit of the AXA Rxxxxxxxx Portfolio paid or payable on undistributed realized long-term capital gains shall be treated as reinvested in units of the AXA Rxxxxxxxx Portfolio at the unit value in effect at the close of business on the record date for the payment of such distributions and dividends and the date on which provision is made for such taxes, after giving effect to such distributions, dividends, and taxes. For purposes of calculating investment performance, the AXA Rxxxxxxxx Portfolio unit value will be determined net of all fees and expenses of the Fund attributable to the AXA Rxxxxxxxx Portfolio. Thus, the performance of the AXA Rxxxxxxxx Portfolio will be net of all fees and expenses of the Fund attributable to the AXA Rxxxxxxxx Portfolio when compared to the Index.
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Related to AXA Rxxxxxxxx Portfolio Performance

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

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  • Monitoring of Contract Performance The Contractor shall comply with the monitoring arrangements set out in the Monitoring Requirements Schedule including, but not limited to, providing such data and information as the Contractor may be required to produce under the Contract.

  • Consideration for Performance The consideration to be paid to the Contractor under this Agreement will be compensation for all the Contractor’s expenses incurred in the performance of this Agreement, unless otherwise expressly provided.

  • Good Faith Performance Each Party shall act in good faith in its performance under this Agreement and, in each case in which a Party’s consent or agreement is required or requested hereunder, such Party shall not unreasonably withhold or delay such consent or agreement.

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