Breach of Obligations of Client Sample Clauses

Breach of Obligations of Client. 15.1 The Client shall deposit with the IF, before the execution of the order, any funds required for the execution of the order or any Financial Instruments the sale of which is requires from the IF in relation to his order. In case these obligations are not met, the IF shall be free not to execute and set aside the relevant order, in whole or in part, or to cancel the execution altogether. If the IF proceeds to execute the Client’s order, though the Client has not fulfilled his obligations, the Client shall be obligated to deposit immediately the purchase price of the Financial Instruments, in case of purchase, or to deliver the Financial Instruments, in case of sale, and to deposit the IF’s fee as well as the relevant duties or commissions or other expenses, otherwise the Client shall be considered instantly in arrears without any further notice. The Client shall be liable for any loss caused to the IF from this delay including for any loss of profit. Furthermore, the IF shall be entitled to debit any amount due to the Client’s IF Account or any other temporary account without prejudice to any other right of set off or attachment the IF may be entitled to. 15.2 All property assets, including any kind of Financial Instruments or funds which come, by any means, into the possession of the IF for account of the Client or the disposal of which the IF undertakes on behalf of the Client, shall be subject to the IF’s right of lien. The IF shall therefore be entitled to refuse to deliver any of them to the Client or to any other person to the order of the Client until the Client carries out his obligations towards the IF. For this purpose, all other separate transactions between the Client and the IF shall be deemed to be governed by these terms. The IF shall not be liable for any losses caused to the Client or to any third party by the exercise of the right of lien or by any other lawful action which may be taken by the IF, for the settlement of its claims against the Client, including any future or contingent claims. 15.3 The Parties agree that in case the IF carries out a transaction on behalf of the Client which is not covered by the balance of the Client’s IF Account, the latter shall immediately pay the difference between the balance and the cost of the transaction. In addition and without any limitation to the obligation of the Client to pay such difference, the Parties mutually acknowledge that the IF shall have the following rights: (1) To sell or in any...
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Breach of Obligations of Client. 12.1 All property assets, including any kind of Financial Instruments or funds which come, by any means, into the possession of the IF for account of the Client or the management of which the IF undertakes on behalf of the Client, shall be subject to the IF’s rights of lien or set off. The IF shall therefore be entitled to refuse to deliver any of them to the Client or to any other person to the order of the Client until the Client carries out his obligations towards the IF. For this purpose, all other separate transactions between the Client and the IF shall be deemed to be governed by these terms. The IF shall not be liable for any losses caused to the Client or to any third party by the exercise of the right of lien or set off or by any other lawful action which may be taken by the IF, for the settlement of its claims against the Client, including any future or contingent claims. 12.2 The Parties agree that in case the IF carries out a transaction or incurs an expense or tax or other cost on behalf of the Client which is not covered by the balance of the Client’s IF account, the latter shall immediately pay the difference between the balance and the cost of the transaction. In addition and without any limitation to the obligation of the Client to pay such difference, the Parties mutually acknowledge that the IF shall have the following rights: (1) To sell or in any other way liquidate any Financial Instruments or other property assets of the Client which are in the possession or control of the IF for any reason and to cover, with the proceeds a part of or the total of the difference. In case the property assets or Financial Instruments which are in the possession or control of the IF are more than one, the IF shall be free to choose the priority of liquidation at will. (2) To withhold any amounts in cash or other property assets or Financial Instruments managed or possessed by it in any manner or otherwise exercise a right of lien. (3) To set-off, without the consent of the Client, any amount held for the account or to the credit of the Client against any obligations of the Client to the IF or to combine any accounts of the Client held with the IF. (4) For the purposes of Clause 15.3, the balance of the Client’s IF account may include an amount of credit facilities and/margin provided by the IF to the Client, if the Client and the IF have agreed for the provision of such credit facilities and/or margin to the Client by the IF. The Parties shall sign an ...
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Breach of Obligations of Client. If the Client owes any amount to IF, regardless of whether it is in arrears, IF may require the Client to deliver to IF as security for the amounts owed, any property assets or Financial Instruments which IF shall deem necessary from the assets and/or Financial Instruments which IF is under management , the value of which should be equal to such percentage of the amount owed to IF as IF shall specify, in each case. To this extent, the Client shall be obligated to sign any requisite document and take all necessary action for the granting of any such security in favour of IF.
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Breach of Obligations of Client. 15.1 The Client shall deposit with Mega Equity Securities & Financial Services Public Ltd, before the execution of the order, any funds required for the execution of the order or any Financial Instruments the sale of which is required from Mega Equity Securities & Financial Services Public Ltd in relation to his order. In case these obligations are not met, Mega Equity Securities & Financial Services Public Ltd shall be free not to execute and set aside the relevant order, in whole or in part, or to cancel the execution altogether. If Mega Equity Securities & Financial Services Public Ltd proceeds to execute the Client’s order, though the Client has not fulfilled his obligations, the Client shall be obligated to deposit immediately the purchase price of the Financial Instruments, in case of purchase, or to deliver the Financial Instruments, in case of sale, and to deposit Mega Equity Securities & Financial Services Public Ltd fee as well as the relevant duties or commissions or other expenses, otherwise the Client shall be considered instantly in arrears without any further notice. The Client shall be liable for any loss caused to Mega Equity Securities & Financial Services Public Ltd from this delay including for any loss of profit. Furthermore, Mega Equity Securities & Financial Services Public Ltd shall be entitled to debit any amount due to the Client’s Mega Equity Securities & Financial Services Public Ltd Account or any other temporary account without prejudice to any other right of set off or attachment Mega Equity Securities & Financial Services Public Ltd may be entitled to. 15.2 All property assets, including any kind of Financial Instruments or funds which come, by any means, into the possession of Mega Equity Securities & Financial Services Public Ltd for account of the Client or the disposal of which Mega Equity Securities & Financial Services Public Ltd undertakes on behalf of the Client, shall be subject to Mega Equity Securities & Financial Services Public Ltd right of lien. Mega Equity Securities & Financial Services Public Ltd shall therefore be entitled to refuse to deliver any of them to the Client or to any other person to the order of the Client until the Client carries out his obligations towards Mega Equity Securities & Financial Services Public Ltd. For this purpose, all other separate transactions between the Client and Mega Equity Securities & Financial Services Public Ltd shall be deemed to be governed by these terms. Mega Equit...
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Related to Breach of Obligations of Client

  • Breach of Obligations The Parties acknowledge that a breach of any of the obligations contained herein would result in injuries. The Parties further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-estimate of the damages that may be suffered by the non-defaulting party in each case specified under this Agreement.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Obligations of Client 5.1 The Client will: (a) be responsible for safely delivering the Nominated Vessel to the Marine Hub slipway and receiving the Nominated Vessel from the slipway upon its return to the water, and will ensure that the Nominated Vessel is adequately crewed for such purposes; (b) ensure that the Operator is made fully aware of all features of the Nominated Vessel (including underwater or structural features) that may be relevant to the placement of strops and the operation of the Travel Lift, or the positioning and placement of any equipment used to stand the Nominated Vessel on the Hardstand. (c) provide the Operator with all other information required to ensure the Operator is able to safely and securely perform the Services having regard to (among other things) the specific nature and structure of the Nominated Vessel; (d) promptly respond to all requests for information made by the Operator in relation to the Services and the Contractor Works; (e) promptly comply with all requirements and directions of the Operator in relation to the provision of the Services and the performance of any Contractor Works; and (f) provide reasonable cooperation and access to the Nominated Vessel to enable the Operator to perform the Services and to verify the Client's (and any Contractor's) compliance with the terms of this Agreement.‌ 5.2 The Client will not sell, transfer or otherwise dispose of (or permit the sale, transfer or disposal of) the Nominated Vessel during the Term without the prior written approval of the Operator, which shall not be unreasonably withheld delayed, provided that all Charges owed to the Operator are paid in full prior to the sale or transfer date and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. If the Nominated Vessel is sold, transferred or disposed of during the Term without the approval of the Operator, the Client shall remain liable for all Charges and this Agreement shall continue to apply unless and until all Charges owed to the Operator at the relevant time are paid in full and the new Owner undertakes to be bound by the terms of this Agreement or a new Agreement is put in place between the Operator and the new Owner. 5.3 The Client must (and must ensure that its Representatives and Contractors and its Representatives) strictly comply with the Marine Hub Rules and all other terms of this Agreement (and any amendment thereto). 5.4 The Client will not, and will procure that its Representatives and Contractors do not: (a) do or permit to be done anything that causes a nuisance or disturbance to the Operator or any other client of the Marine Hub; or (b) undertake any activity on or in relation to the Marine Hub that encroaches on, or adversely affects either the Operator, the Marine Hub, or any owner or occupier of land adjacent to, or nearby, the Marine Hub. 5.5 The Client shall comply with: (a) all applicable Laws; and (b) all relevant requirements of the Operator (including as specified in the Operator Information) in connection with the provision by the Operator of the Services and any Ancillary Services. (For the avoidance of doubt, the Operator may require the Client to pay the Ancillary Service Costs to the Operator.) 5.6 The Client warrants that any information it provides to the Operator in connection with this Agreement will be true, accurate and complete and acknowledges and agrees that all such information will be relied on by the Operator.

  • Survival of Obligations Without prejudice to Sections 2(a)(iii) and 6(c)(ii), the obligations of the parties under this Agreement will survive the termination of any Transaction.

  • SURVIVAL OF OBLIGATION Termination of this ESA for any reason shall not relieve the Town or the Competitive Supplier of any obligation accrued or accruing prior to such termination.

  • Repurchase Obligation for Defective Documentation and for Breach of Representation and Warranty It is understood and agreed that the representations and warranties set forth in Section 5 shall survive the sale of the Mortgage Loans to the Purchaser and shall inure to the benefit of the Purchaser and any assignee, transferee or designee of the Purchaser, including the Trustee for the benefit of holders of the Mortgage Pass-Through Certificates evidencing an interest in all or a portion of the Mortgage Loans, notwithstanding any restrictive or qualified endorsement on any Mortgage Note or Assignment or the examination or lack of examination of any Mortgage File. With respect to the representations and warranties contained herein that are made to the knowledge or the best knowledge of the Seller, or as to which the Seller has no knowledge, if it is discovered that the substance of any such representation and warranty is inaccurate and the inaccuracy materially and adversely affects the value of the related Mortgage Loan, or the interest therein of the Purchaser or the Purchaser’s assignee, designee or transferee, then notwithstanding the Seller’s lack of knowledge with respect to the substance of such representation and warranty being inaccurate at the time the representation and warranty was made, such inaccuracy shall be deemed a breach of the applicable representation and warranty and the Seller shall take such action described in the following paragraphs of this Section 6 in respect of such Mortgage Loan. Upon discovery by either the Seller or the Purchaser of a breach of any of the foregoing representations and warranties made by the Seller that materially and adversely affects the value of the Mortgage Loans or the interest of the Purchaser (or which materially and adversely affects the interests of the Purchaser in the related Mortgage Loan in the case of a representation and warranty relating to a particular Mortgage Loan), the party discovering such breach shall give prompt written notice to the other. Within 90 days of the earlier of either discovery by or notice to the Seller of any breach of a representation or warranty made by the Seller that materially and adversely affects the value of a Mortgage Loan or the Mortgage Loans or the interest therein of the Purchaser, the Seller shall use its best efforts promptly to cure such breach in all material respects and, if such breach cannot be cured, the Seller shall, at the Purchaser’s option, repurchase such Mortgage Loan at the Purchase Price. The Seller may, at the request of the Purchaser and assuming the Seller has a Qualified Substitute Mortgage Loan, rather than repurchase a deficient Mortgage Loan as provided above, remove such Mortgage Loan and substitute in its place a Qualified Substitute Mortgage Loan or Loans. If the Seller does not provide a Qualified Substitute Mortgage Loan or Loans, it shall repurchase the deficient Mortgage Loan. Any repurchase of a Mortgage Loan(s) pursuant to the foregoing provisions of this Section 6 shall occur on a date designated by the Purchaser and shall be accomplished by deposit in accordance with Section 2.03 of the Pooling and Servicing Agreement. Any repurchase or substitution required by this Section shall be made in a manner consistent with Section 2.03 of the Pooling and Servicing Agreement. At the time of substitution or repurchase by the Seller of any deficient Mortgage Loan, the Purchaser and the Seller shall arrange for the reassignment of the repurchased or substituted Mortgage Loan to the Seller and the delivery to the Seller of any documents held by the Trustee relating to the deficient or repurchased Mortgage Loan. In the event the Purchase Price is deposited in the Collection Account. The Seller shall, simultaneously with such deposit, give written notice to the Purchaser that such deposit has taken place. Upon such repurchase, the Mortgage Loan Schedule shall be amended to reflect the withdrawal of the repurchased Mortgage Loan from this Agreement. As to any Deleted Mortgage Loan for which the Seller substitutes a Qualified Substitute Mortgage Loan or Loans, the Seller shall effect such substitution by delivering to the Purchaser or its designee for such Qualified Substitute Mortgage Loan or Loans the Mortgage Note, the Mortgage, the Assignment and such other documents and agreements as are required by the Pooling and Servicing Agreement, with the Mortgage Note endorsed as required therein. The Seller shall remit for deposit in the Collection Account the Monthly Payment due on such Qualified Substitute Mortgage Loan or Loans in the month following the date of such substitution. Monthly payments due with respect to Qualified Substitute Mortgage Loans in the month of substitution will be retained by the Seller. For the month of substitution, distributions to the Purchaser will include the Monthly Payment due on such Deleted Mortgage Loan in the month of substitution, and the Seller shall thereafter be entitled to retain all amounts subsequently received by the Seller in respect of such Deleted Mortgage Loan. Upon such substitution, the Qualified Substitute Mortgage Loans shall be subject to the terms of this Agreement in all respects, and the Seller shall be deemed to have made with respect to such Qualified Substitute Mortgage Loan or Loans as of the date of substitution, the covenants, representations and warranties set forth in Section 5. It is understood and agreed that the representations and warranties set forth in Section 5 shall survive delivery of the respective Mortgage Files to the Trustee on behalf of the Purchaser. It is understood and agreed that (i) the obligations of the Seller set forth in this Section 6 to cure, repurchase and substitute for a defective Mortgage Loan and (ii) the obligations of the Seller as provided in the next sentence constitute the sole remedies of the Purchaser respecting a missing or defective document or a breach of the representations and warranties contained in Section 5. The Seller shall indemnify the Purchaser and hold it harmless against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and other costs and expenses resulting from any claim, demand, defense or assertion based on or grounded upon, or resulting from, a breach of the representations and warranties contained in Sections 5(a), (c), (d) and (e) this Agreement.

  • Breach of the Agreement The Beneficiary commits a material breach of its obligations under this Agreement;

  • Extent of Obligations The Parties shall ensure that all necessary measures are taken in order to give effect to the provisions of this Agreement in their respective territories, including ensuring that their respective regional and local governments and authorities, and non- governmental bodies in the exercise of governmental powers delegated to them by central, regional and local governments or authorities observe all obligations and commitments under this Agreement.

  • Survival of Confidentiality Obligations The Parties’ rights and obligations under this Section 10 shall survive and continue in effect until two (2) years after the expiration or termination date of this Agreement with regard to all Information exchanged during the term of this Agreement. Thereafter, the Parties’ rights and obligations hereunder survive and continue in effect with respect to any Information that is a trade secret under applicable law.

  • Obligations of Confidentiality (a) Each Party acknowledges that it may be furnished, receive or otherwise have access to Confidential Information of the other Party in connection with this Agreement. (b) As necessary to accomplish the purposes of this Agreement, the Receiving Party may disclose Confidential Information of the Furnishing Party to any employee, officer, director, contractor, Service Recipient, agent or representative of the Receiving Party who has a legitimate need to know the information in question for the purposes of this Agreement and who is bound to the Receiving Party in writing to protect the confidentiality of the information in a manner substantially equivalent to that required of the Receiving Party. The Receiving Party may also disclose Confidential Information of the Furnishing Party to the Receiving Party’s regulatory agencies and Auditors provided they are made aware of the Receiving Party’s obligations of confidentiality with respect to the Furnishing Party’s Confidential Information. (c) The Receiving Party may disclose the terms of this Agreement to a third party that (i) has expressed bona fide interest in consummating a significant financing, merger or acquisition transaction between such third party and such party, (ii) has a reasonable ability (financial and otherwise) to consummate such transaction, and (iii) has executed a nondisclosure agreement that (1) includes within its scope the terms of this Section 15, (2) limits distribution to those with a need to know in connection with such transaction, and (3) allows use only in connection with the transaction. The Receiving Party shall endeavor to delay the disclosure of the terms and conditions of this Agreement under the preceding sentence until the status of discussions concerning such transaction warrants such disclosure. (d) Subject to Sections 15.2(b), 15.2(c), and 15.4, the Receiving Party will keep the Confidential Information of the Furnishing Party confidential and secure and will protect it from unauthorized use or disclosure by using at least the same degree of care as the Receiving Party employs to avoid unauthorized use or disclosure of its own Confidential Information of a similar nature, but in no event less than reasonable care. (e) In the event of any actual or suspected unauthorized disclosure, loss of, or inability to account for any Confidential Information of the Furnishing Party occurs, the Receiving Party will promptly so notify the Furnishing Party and will cooperate with the Furnishing Party and take such actions as may be necessary or reasonably requested by the Furnishing Party to minimize the violation and any damage resulting from it. (f) The provisions of this Section 15.2(f) apply notwithstanding anything to the contrary in this Agreement, including the exclusions to confidential information described in Section 15.1(b) (“Exclusions”). BancTec represents, warrants and covenants that it is and will be a qualified Nonaffiliated Third Party as defined in Section 509(5) of GLBA and shall adhere to the standards required for a “service provider” as this term is described in Section 502(b) of GLBA and the regulations promulgated thereunder for the purpose of the exceptions to “Opt Out” and “Initial Notice and Opt Out” requirements under GLBA. BancTec will, and will cause BancTec Personnel to, keep NPI confidential. BancTec will use, disclose, receive and maintain NPI only as necessary for the specific purpose for which the NPI was disclosed to BancTec and only in accordance with this Agreement, GLBA and any other applicable law, rule or regulation of any jurisdiction relating to disclosure or use of personal information. BancTec will, and will cause BancTec Personnel to, implement and maintain an appropriate security program for NPI to (i) ensure the security and confidentiality of NPI, (ii) protect against any threats or hazards to the security or integrity of NPI, and (iii) prevent unauthorized access to or use of NPI. BancTec will immediately notify DFS in writing (1) of any known or suspected disclosure or use of any NPI by BancTec or any BancTec Personnel in breach of this Agreement and (2) of any known or suspected disclosure of any NPI to BancTec or BancTec Personnel where the purpose of such disclosure is not known to BancTec. DFS reserves the right to review BancTec’s policies and procedures used to maintain the security and confidentiality of NPI, including auditing BancTec and BancTec Personnel concerning such policies and procedures. At DFS’ direction in its discretion at any time, and in any event upon any termination under or expiration of this Agreement, BancTec will immediately return to DFS any or all corresponding NPI and will destroy all records of such NPI. Otherwise, to the extent any applicable NPI is no longer necessary for the performance of Services, BancTec will return to DFS or destroy all records of such NPI. The provisions of this Section 15.2(f) supplement, are in addition to, and will not be construed to limit any other confidentiality obligations under this Agreement.

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