BULLION. All bullion transactions are final unless the purchased bullion item is proven to be false by a competent authority accepted as such by both XX Xxxxxxx, LLC, and Client.

BULLION none, being only entitled to the payments set forth above in Paragraph 4;

BULLION. 3.1 In respect of every Transaction made between us we shall act as principal with you. 3.2 Transactions in Bullion involve you taking a position with regard to what you consider the price of a Bullion will be in the future. A list of some examples of the Bullion prices that we offer is at our website xxx.xxxxxxxxxxx.xxx. 3.3 The prices that we quote for Bullion are normally labelled as the “Bid Price” and the “Offer Price”. The prices are expressed in US Dollars per ounce. Fluctuations in the value of the US Dollar can therefore affect the price of the Bullion and any profit or loss that you may make. 3.4 The Bid Price is the price that we will pay you for the position in the Bullion. The Offer Price is the price you will pay us for the position in the Bullion. The Bid Price will always be less than the Offer Price. The difference between the Bid and the Offer price is known as the “Spread”. We make a profit from the spread. In general, the wider the Spread the greater our profit. 3.5 You can take a view on the price of the Bullion increasing by “Going Long” or you can take a view on the price of the Bullion decreasing by “Going Short”. For example, if you consider that the price of the Bullion will increase you will decide to take a 3.6 If you were Going Long, the opening price of the Bullion would be fixed at our Offer Price. If our Bid Price at the end of the contract is greater than our Offer Price at the commencement of the contract then, subject to the deduction of applicable charges, you will receive a sum calculated by multiplying the number of units of the Bullion by the difference between the opening Offer Price and the closing Bid Price of the Bullion. However, if the Bid Price for the Bullion at the end of the contract does not exceed the Offer Price for the Bullion at the commencement of the contract you will be required to pay us a sum calculated by multiplying the number of units of the Bullion by the difference between the opening Offer Price and the closing Bid Price of the Bullion. Regardless of how the price of the Bullion moves you will also be required to pay us applicable interest charges, ticket charges (which you will be notified about separately), and Xxx/Next financing charges (see section 8). 3.7 If, however you were Going Short, the opening price of the Bullion would be fixed at our Bid Price. If the Offer Price of the Bullion at the end of the contract is less than the Bid Price at the commencement of the contract then, subjec...

BULLION. Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains.

BULLION. Counterparty shall, at all times, (a) maintain Bullion in its Inventory so that: (i) the gold in its Inventory which is tracked by weight in the Counterparty’s records, including in the Counterparty’s perpetual inventory system, is equal to or greater than the sum of gold Consigned to the Counterparty by BMO and HSBC, plus customer toll-in gold; (ii) the silver in its Inventory which is tracked by weight in the Counterparty’s records, including in the Counterparty’s perpetual inventory system, is equal to or greater than the sum of silver consigned to the Counterparty by BMO and HSBC, plus customer toll-in silver; (iii) the Platinum in its Inventory which is tracked by weight in the Counterparty’s records, including in the Counterparty’s perpetual inventory system, is equal to or greater than the sum of Platinum consigned to the Counterparty by BMO and HSBC, plus customer toll-in Platinum; (iv) the palladium in its Inventory which is tracked by weight in the Counterparty’s records, including in the Counterparty’s perpetual inventory system, is equal to or greater than the sum of palladium consigned to the Counterparty by BMO and HSBC, plus customer toll-in palladium; (b) maintain at least ninety percent (90%) of all Consigned Bullion and all HSBC Consigned Bullion at an Approved On-Premises Location.

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Source Code Escrow On the date hereof, Company shall deliver to an independent third party escrow agent, selected and designated by AMEX and approved by Company (such approval not to be unreasonably withheld) ("Escrow Agent"), for deposit in accordance with an escrow agreement among the Escrow Agent and the parties hereto and substantially in the form attached as Exhibit E ("Escrow Agreement"), a current and complete copy of the source code (the "Source Code") for the Domain Name and any other materials required to operate the Source Code (the "Escrow Materials"). Within [ ** ] of the installation of any new update to the Service (or any other substantial modification to the Source Code, the Domain Name or the Service) or within [ ** ] of the last deposit hereunder, whichever is sooner, Company shall deliver to the Escrow Agent, for deposit in accordance with such Escrow Agreement, any and all changes to the Escrow Materials which correspond to changes, if any, made to the corresponding Escrow Material or shall notify Escrow Agent that no changes were made during the preceding period. All materials deposited hereunder shall be considered "Escrow Materials" as the term is used herein. In the event of (i) the Company's insolvency (as defined in Section 16(e)) or (ii) the Company's material breach of the terms of this Agreement specifically because of its gross negligence or willful misconduct and such breach is not fully remedied within thirty (30) days of AMEX's notice to Company, then notwithstanding any other rights and remedies to which AMEX may be entitled, AMEX shall immediately have the right to obtain a copy of the Escrow Materials from the Escrow Agent upon written notice as provided in the Escrow Agreement for use in continued provision of the Service. AMEX shall have the right, at any time upon at least ten (10) days' written notice to Company and Escrow Agent, to select and designate a new escrow agent to replace the Escrow Agent hereunder. Upon such notice, Escrow Agent shall completely, safely and securely transfer the Escrow Materials to the new escrow agent (which will then become the "Escrow Agent" hereunder) and confirm such transfer in writing to AMEX and Company. ** INDICATES CONFIDENTIAL TREATMENT REQUESTED.
Precious Metals A Fund may, upon Special Instructions, direct the Custodian to appoint, or instruct the Domestic Subcustodian to appoint, a depository for the safekeeping and storage of gold, silver, platinum and other precious metals (“Precious Metals”) on behalf of such Fund.
Minerals The seller’s share of minerals (if any) will NOT transfer with the surface at closing.
Billing and Collection Customers BellSouth currently has in effect numerous billing and collection agreements with various interexchange carriers and billing clearing houses and as such these billing and collection customers (“B&C Customers”) query BellSouth’s LIDB to determine whether to accept various billing options from End Users. Until such time as BellSouth implements in its LIDB and its supporting systems the means to differentiate Lightyear’s data from BellSouth’s data, the following shall apply: (1) Lightyear will accept responsibility for telecommunications services billed by BellSouth for its B&C Customers for Lightyear’s End User accounts which are resident in LIDB pursuant to this Agreement. Lightyear authorizes BellSouth to place such charges on Lightyear’s xxxx from BellSouth and shall pay all such charges, including, but are not limited to, collect and third number calls. (2) Charges for such services shall appear on a separate BellSouth xxxx xxxx identified with the name of the B&C Customers for which BellSouth is billing the charge. (3) Lightyear shall have the responsibility to render a billing statement to its End Users for these charges, but Lightyear shall pay BellSouth for the charges billed regardless of whether Lightyear collects from Lightyear’s End Users. (4) BellSouth shall have no obligation to become involved in any disputes between Lightyear and B&C Customers. BellSouth will not issue adjustments for charges billed on behalf of any B&C Customer to Lightyear. It shall be the responsibility of Lightyear and the B&C Customers to negotiate and arrange for any appropriate adjustments.
Billing Instructions Enter name and mailing address of nominating Agency Finance Office for billing purposes.
Commingling The Seller shall not, and shall not permit any of its Affiliates to, deposit or permit the deposit of any funds that do not constitute Collections of any Loan Asset into the Interest Collection Subaccount or the Principal Collection Subaccount.
SOURCE CODE ESCROW FOR LICENSED PRODUCT If Source Code or Source Code escrow is offered by either Contractor or Product manufacturer or developer to any other commercial customers, Contractor shall either: (i) provide Licensee with the Source Code for the Product; or (ii) place the Source Code in a third party escrow arrangement with a designated escrow agent who shall be named and identified to the State, and who shall be directed to release the deposited Source Code in accordance with a standard escrow agreement acceptable to the State; or (iii) will certify to the State that the Product manufacturer/developer has named the State, acting by and through the Authorized User, and the Licensee, as a named beneficiary of an established escrow arrangement with its designated escrow agent who shall be named and identified to the State and Licensee, and who shall be directed to release the deposited Source Code in accordance with the terms of escrow. Source Code, as well as any corrections or enhancements to such source code, shall be updated for each new release of the Product in the same manner as provided above and such updating of escrow shall be certified to the State in writing. Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this clause. The State may release the Source Code to Licensees under this Contract who have licensed Product or obtained services, who may use such copy of the Source Code to maintain the Product.
API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.
Unbundled Copper Loop – Designed (UCL-D) 2.4.2.1 The UCL-D will be provisioned as a dry copper twisted pair (2- or 4-wire) Loop that is unencumbered by any intervening equipment (e.g., filters, load coils, range extenders, digital loop carrier, or repeaters). 2.4.2.2 A UCL-D will be 18,000 feet or less in length and is provisioned according to Resistance Design parameters, may have up to 6,000 feet of bridged tap and will have up to 1300 Ohms of resistance. 2.4.2.3 The UCL-D is a designed circuit, is provisioned with a test point, and comes standard with a DLR. OC is a chargeable option for a UCL-D; however, OC is always required on UCLs where a reuse of existing facilities has been requested by Telepak Networks. 2.4.2.4 These Loops are not intended to support any particular services and may be utilized by Telepak Networks to provide a wide-range of telecommunications services as long as those services do not adversely affect BellSouth’s network. This facility will include a Network Interface Device (NID) at the customer’s location for the purpose of connecting the Loop to the customer’s inside wire. 2.4.2.5 Upon the Effective Date of this Agreement, Unbundled Copper Loop – Long (UCL-L) elements will no longer be offered by BellSouth and no new orders for UCL-L will be accepted. Any existing UCL-Ls that were provisioned prior to the Effective Date of this Agreement will be grandfathered at the rates set forth in the Parties’ interconnection agreement that was in effect immediately prior to the Effective Date of this Agreement. Existing UCL-Ls that were provisioned prior to the Effective Date of this Agreement may remain connected, maintained and repaired according to BellSouth’s TR73600 and may remain connected until such time as they are disconnected by Telepak Networks or BellSouth provides ninety
Shipping Instructions Unless otherwise instructed, all goods are to be shipped prepaid, FOB Destination, as defined in RCW Title 62A. Where specific authorization is granted to ship goods FOB Shipping Point, the Contractor agrees to prepay all shipping charges, to route cheapest common carrier, and to bill the UW as a separate item on the invoice for the charges. The UW reserves the right to refuse COD shipments. Regardless of FOB point, the Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein that occur prior to delivery, and such loss, injury, or destruction shall not release the Contractor from any obligation hereunder.

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