Company Services. During the business relationship between the two parties, the Company shall offer the below services:
Company Services. In addition to providing the Seconded Employees to the Operator Parties pursuant to Section 3.3, the Company Parties shall also provide (through employees, contractors, subcontractors or Affiliates) the services enumerated in the Exhibits to this Agreement (the “Company Services”) upon customary terms in accordance with Prudent Industry Practice. The Operator shall reimburse the Company for the Company Services in accordance with Section 5.1; provided, however, that in the event any Company Services requires the Company Parties to make Capital Expenditures, such Capital Expenditures shall be subject to Section 6.1 and the Company Parties shall not be required to provide such Company Services until the Company Parties are able to do so after using reasonable efforts in compliance with Section 6.1; provided, further, the Company Parties shall not be required to perform any additional Company Services if the Company reasonably believes the performance thereof will (i) materially adversely interfere with, or be detrimental to, the operation of the Refinery or (ii) violate Applicable Law.
Company Services. For those Compositions and Masters that Composer submits to Company for Exploitation ("Proposed Music"), and which Company, in its Discretion accepts for Exploitation, Company has the exclusive/non-exclusive right, as indicated on Schedule A, to Exploit the Music, for which Company will use reasonable commercial efforts.
2.1 Exploitation includes, without limitation, Company's rights:
2.1.1 To copy, license (for reproduction, synchronization, public, dramatic and/or non-dramatic performances, broadcast, and/or otherwise), lease, perform, adapt, administer, use, and retitle the Music;
2.1.2 To in its Discretion, per paragraph 6.0 below, collect any and all monies and compensation EKN payable by reason of Exploitation of the Music, both during and after the Term ("Gross Monies"); and,
2.1.3 To do every other act or thing EKN in respect of the Music to make it suitable and proper in Company's Discretion for Exploitation. To the fullest extent allowable under any applicable law, Composer irrevocably waives any and all so-called "droit moral" and "moral rights" EKN in any manner related to the Music.
2.2 For each item of Proposed Music that is accepted as Music by Company, Composer will be required to sign one or more, at Company's Discretion, attachments to this Agreement (individually and collectively "Schedule A"). Schedule A will be provided to Composer by Company. Schedule A is incorporated into and made a part of this Agreement by this reference.
2.3 Notwithstanding anything to the contrary in this Agreement, as between Company and Composer, Composer has the right and obligation to effectuate the ability to be paid, collect, and keep one hundred percent (100%) of the Music's so-called "writers" share due Composer from public performance Exploitation of the Music, from all applicable performing rights societies including without limitation, ASCAP, BMI, SESAC and/or SoundExchange (individually and collectively "PRS").
2.4 Company additionally has the irrevocable, and non-exclusive right to use and publish, and to permit other Persons to use and publish Composer's name, likenesses, and biographical materials, including without limitation, any professional names currently or later adopted, voices, sound effects, and any reproductions and simulations EKN of any of the foregoing, in connection with the Exploitation of the Music, as well as for Company's general business purposes.
2.5 Composer understands and acknowledges that any Music that Company accepts for ...
Company Services. 8.1 During the business relationship between the two parties, the Company shall offer the below services:
a) Access to a number of Financial Instruments, which are available on the Company website, for the purposes of Client dealing on own Account, on an execution-only basis.
b) The Company shall provide foreign currency exchange services, connected with the execution of the Client’s orders and the provision of investment data and analysis.
c) The trading timeframe, is also shared on the Website for the Client’s benefit.
d) Share updated analysis on financial products as well as research data to all Clients.
e) Safekeeping and Administration of Financial Instruments for the account of the clients, including custodianship and related services such as cash/collateral management.
8.2 It must be understood that the Company is responsible only for carrying out the Client’s transaction
8.3 The Company shall not offer any advice, opinion, or recommendation regarding legal, regulatory, tax, financial or investment enquiries and shall not breach these legal obligations.
8.4 The assessment of any financial decision and evaluation of any risk shall be based solely on the
8.5 The Client can seek independent advice whether to proceed with the Agreement or not.
8.6 Any research data, newsletter and analysis shared by the Company, shall not be considered as any sort of Investment advice from the Company. This information will only be provided to enable the Client to make their own decisions.
8.7 The Company gives no reassurance as to the accuracy of this information and it should only be considered for information purposes.
8.8 The Company shall notify the Client about Order(s) status, Client Account status, Trade Confirmations either in electronic form by e-mail and/or provided via its internal mail system of the Company Online Trading System.
8.9 The Company shall not provide any physical delivery of any underlying instrument, related to any
8.10 Any information, updates or training material provided by the Company shall remain on the Website up to the Company’s discretion and can be changed or can be withdrawn at any time, without prior notice.
Company Services. Company agrees to perform the Company Services related to billing and collecting set forth in the “List of Company Services” attached hereto as Schedule A and incorporated herein by reference.
Company Services. (a) During the Term, the Company shall, and shall cause its Affiliates to, provide First American and/or its Affiliates with products and services offered by or through the Company or its Affiliates from time to time during the Term (collectively (but excluding the ZapApp Services), the “Company Services”) at rates and on terms no less favorable than those generally offered by the Company and its Affiliates to third parties.
(b) During the Term, the Company shall, and shall cause its Affiliates to, provide First American and/or its Affiliates with the ZapApp Services.
Company Services. During the term of this Agreement,
(a) Company, at its own expense, will conduct a merchant Transaction Card acquiring and ACH services business and will solicit merchants for participation in Company’s Transaction Card processing and ACH services program (the “Merchant Program”), using a Merchant Agreement approved by Bank, and under which the actual rates or fees applicable to Merchants may be selected by Company from a schedule of rates and fees approved by Bank. Any other application materials used by Company in soliciting Merchants also must be approved by Bank. Bank may require Company to change such Merchant Agreement, application materials, and rates and fees, at any time for the purpose of conforming to requirements under the Rules, the ACH Rules, or otherwise imposed by the Card Associations or NACHA, or to conform to requirements of Applicable Law or directions or guidance issued by governmental authorities with supervisory authority over Bank, and Company shall implement such changes within a reasonable time following written notice, but in no event later than the time period required by a Card Association or NACHA, the Rules, the ACH Rules, Applicable Law, or such directions or guidance issued by governmental authorities with supervisory authority over Bank.
(b) Company has developed criteria to be used for selection of merchants to participate in the Merchant Program (the “Merchant Criteria”). This Merchant Criteria is agreed upon by Company and Bank, and is attached hereto as Exhibit A. Company and Bank agree, except as provided below, to enter into Merchant Agreements in connection with the Merchant Program only with merchants meeting the Merchant Criteria. Company has the right to propose changes in the Merchant Criteria from time to time, and shall provide any proposed changes in Merchant Criteria to Bank for approval prior to implementation. Changes, if any, to the Merchant Criteria proposed by Company must be preapproved in writing by Bank. Bank shall make reasonable efforts to provide Company with notice of approval or disapproval of such changes to Merchant Criteria within five (5) business days of requested change. Bank may require Company to change the Merchant Criteria at any time, for the purpose of conforming to requirements under the Rules, the ACH Rules, or otherwise imposed by the Card Associations or NACHA, or to conform to requirements of Applicable Law or directions or guidance issued by governmental authorities with superv...
Company Services. Service Pricing
Company Services. Includes all services provided by Company to You as per mutually agreed upon details.
Company Services. The Company agrees to provide to Franchisee the following materials, benefits and services, all as hereinafter more fully set forth:
(a) Written guidelines for site selection (if applicable) upon request;
(b) As-Built Survey site plans, construction plans, drawings and specifications for the Restaurants and related facilities;
(c) Layouts and specifications for fixtures, furnishings, interior design and decor, signs and equipment required as elements of the System;
(d) Such training at such locations and for such periods as may be designated by the Company from time to time in the Operating Standards Manual or otherwise in writing, subject to Section 5.03 of this Agreement;
(e) Such assistance as the Company may determine is required in connection with the Restaurant operation by Franchisee;
(f) One (1) copy each of the Company's Operating Standards Manual and other applicable manuals, publications or materials issued by the Company, copies of which are, concurrently with the execution hereof, delivered and loaned to Franchisee for the term hereof. Any additions and modifications thereto as the Company may issue from time to time, in its discretion, to incorporate new developments or other changes in System standards, specifications, procedures, and techniques will be provided to the Franchisee. Franchisee must pay then-current replacement fee as established by the Company for replacing copies of the Operating Standards Manual or other materials;
(g) A sample of the Company's standardized chart of accounts, statement of earnings, balance sheet and other report formats to be used by Franchisee for purposes of reporting to the Company;
(h) The Company's regular and continuing consulting services and periodic inspections and evaluations of Franchisee's operations pursuant to Section 5.04; and
(i) The STEAK N SHAKE advertising/marketing program(s) as developed and issued from time to time by the Company under Sections 6.02 and 7.01.
