Common use of CONDITIONS OF THE AGREEMENT Clause in Contracts

CONDITIONS OF THE AGREEMENT. It is hereby agreed and declared by the parties as under : a) MAGMA ITL shall have a paramount right on the vehicle(s)/equipment(s)/asset(s) with fittings, tools, tyres, accessories inclusive of the body already built or to be built by the Hirer/s (hereinafter collectively called ”the said Asset(s)” more particularly described in Schedule I). The body so built by the Hirer/s and all accretions, additions and accessories (including any additional body building /modification works, additional components and engine/parts upgrades, etc.) made/ done to the said asset(s) at his own expenses or by the financial assistance of MAGMA ITL fully or in part, shall always be an integral part of the said Asset(s). b) The Hirer/s hereby expressly agrees, undertakes and declares that the Hirer/s shall not have any right to deal with the said Asset(s) in any manner whatsoever other than to use it for the purpose specified in this Agreement without the express consent in writing of MAGMA ITL. The Hirer shall not, in any manner whatsoever, encumber and/or alienate and/or transfer and/or dispose of and/or create third party rights/interest over the said Asset(s). c) The Hirer/s shall always remain liable to repay the financed amount along with interest thereon as mentioned in the Schedule II hereto and all other charges payable under this agreement irrespective of MAGMA ITL taking possession of the said Asset(s) which would form part of the security of MAGMA ITL for recovery of its dues. The said Asset(s) shall be held by the Hirer/s for and on behalf of MAGMA ITL and in trust for MAGMA ITL. The Hirers expressly agrees that all payments are to be made by the Hirer s at the registered office of MAGMA ITL at XXXXX Xxxxx 00, Xxxx Xxxxxx, Xxxxxxx – 700016. MITL/14/0115/TC/3000/0315 d) For the purpose of securing re-payment of the financed amount and all the sums payable hereunder, the Hirer/s hereby transfers / shall be deemed to have transferred to MAGMA ITL the right to possess, use and sell the said Asset(s). e) The Hirer/s agrees and consents to receive tele calls, letters from MAGMA ITL and/or its officials/authorized agents, for informing about due dates, insurance renewal dates, outstanding amount under the agreement and also to update or to pay the instalments and other dues under this Agreement and to renew the insurance of the said Asset (s). f) The Hirer/s agrees, undertakes and declares that the Hirer does not have any right over the said Asset(s) except to ply the same upon due payments of the monthly instalments payable under these presents. Only upon making complete payment of all the monthly instalments and other incidental charges (if any) payable under these presents will the Hirer/s acquire the right on the said Asset(s) from MAGMA ITL in the manner stated in this Agreement. g) The Hirer/s has examined (or caused to be examined) the said Asset(s) and satisfied himself as to its operation, condition, running and its delivery place , status and modalities . No warranty and / or responsibility is implied on the part of MAGMA ITL in respect of the said Asset(s) in any manner whatsoever. No liability, claim or action whatsoever shall be levied against MAGMA ITL, whether by the Hirer/s or by any other person or authority, in respect of the said Asset(s). h) MAGMAITL does not give any warranty as to the quality or fitness of the mechanism of the said Asset(s) and will not be responsible or liable for any defect found therein. I) The Hirer/s shall be solely responsible to take delivery of the said Asset/s from the dealer/manufacturer, within 15 days of the delivery order issued by MAGMA ITL, by himself or through his authorized representative . Delivery receipt signed by the Hirer/s or his representative shall be deemed as conclusive proof of his taking delivery from the dealer/ manufacturer. j) The Hirer/s shall not give the said Asset(s) on hire or on any other basis or to allow it to be used by any other person CG without theprior written consent of MAGMA ITL and shall not hypothecate or pledge the same with any person to secure payment of any monies.

CONDITIONS OF THE AGREEMENT. It is hereby agreed and declared by the parties as under : a) MAGMA ITL Magma shall have a paramount right on the vehicle(s)/equipment(s)/asset(s) with fittings, tools, tyres, accessories inclusive of the body already built or to be built by the Hirer/s (hereinafter collectively called ”“the said Asset(s)” more particularly described in Schedule I1). The body so built by the Hirer/s and all accretions, additions and accessories (including any additional body building /modification works, additional components and engine/parts upgrades, etc.) made/ done to the said asset(s) at his own expenses or by the financial assistance of MAGMA ITL fully or in part, shall always be an integral part of the said Asset(s). b) The Hirer/s hereby expressly agrees, undertakes and declares that the Hirer/s shall not have any right to deal with the said Asset(s) in any manner whatsoever other than to use it for the purpose specified in this Agreement without the express consent in writing of MAGMA ITLMAGMA. The Hirer shall not, in any manner whatsoever, encumber and/or alienate and/or transfer and/or dispose of and/or create third party rights/interest over the said Asset(s). c) The Hirer/s shall always remain liable to repay the financed amount along with interest thereon as mentioned in the Schedule II hereto and all other charges payable under this agreement irrespective of MAGMA ITL taking possession of the said Asset(s) which would form part of the security of MAGMA ITL for recovery of its dues. The said Asset(s) shall be held by the Hirer/s for and on behalf of MAGMA ITL and in trust for MAGMA ITLMAGMA. The Hirers Hirer/s expressly agrees that all payments are to be made by the Hirer Hirer/s at the registered office of MAGMA ITL Magma at XXXXX Xxxxx Xxxxx 00, Xxxx Xxxxxx, Xxxxxxx – 700016. MITL/14/0115/TC/3000/0315000000. d) For the purpose of securing re-payment of the financed amount and all the sums payable hereunder, the Hirer/s hereby transfers / shall be deemed to have transferred to MAGMA ITL the right to possess, use and sell the said Asset(s). e) The Hirer/s agrees and consents to receive tele calls, letters from MAGMA ITL and/or its officials/authorized agents, for informing about due dates, insurance renewal dates, outstanding amount under the agreement and also to update or to pay the instalments and other dues under this Agreement and to renew the insurance of the said Asset (s). f) The Hirer/s agrees, undertakes and declares that the Hirer does not have any right over the said Asset(s) except to ply the same upon due payments of the monthly instalments payable under these presents. Only upon making complete payment of all the monthly instalments and other incidental charges (if any) payable under these presents will the Hirer/s acquire the right on the said Asset(s) from MAGMA ITL Magma in the manner stated in this Agreement. g) The Hirer/s has examined (or caused to be examined) the said Asset(s) and satisfied himself as to its operation, condition, running and its delivery place , status and modalities . No warranty and / or responsibility is implied on the part of MAGMA ITL in H CH G CG 1 - MFL/0115/19/L/SE/5KX4/0115 respect of the said Asset(s) in any manner whatsoever. No liability, claim or action whatsoever shall be levied against MAGMA ITLMAGMA, whether by the Hirer/s or by any other person or authority, in respect of the said Asset(s). h) MAGMAITL Magma does not give any warranty as to the quality or fitness of the mechanism of the said Asset(s) and will not be responsible or liable for any defect found therein. Ii) The Hirer/s shall be solely responsible to take delivery of the said Asset/s from the dealer/manufacturer, within 15 days of the delivery order issued by MAGMA ITLMAGMA, by himself or through his authorized representative . Delivery receipt signed by the Hirer/s or his representative shall be deemed as conclusive proof of his taking delivery from the dealer/ manufacturer. j) The Hirer/s shall not give the said Asset(s) on hire or on any other basis or to allow it to be used by any other person CG without theprior the prior written consent of MAGMA ITL Magma and shall not hypothecate or pledge the same with any person to secure payment of any monies.

CONDITIONS OF THE AGREEMENT. It In order to induce Fidelity to accept from us orders and other instructions with respect to a Participant, we hereby represent to Fidelity and agree that: (1) I am (or my firm is) an Investment Advisor registered under the Investment Advisers Act of 1940 (“Advisers Act”) or in each state in which I or my activities require registration and that such registration is hereby agreed current and declared not restricted due to any regulatory agency actions; (2) If applicable, I am (or my firm is) an Investment Advisor registered under the Investment Advisers Act of 1940 or other appropriate regulator; (3) As of the date of this Agreement I am, and during any period for which I serve as Advisor to any account with you I shall remain, in compliance with each of the laws, rules, and regulations to which I am or my activities are subject; (4) I have made such disclosure to Participants regarding the advisory relationship described herein as is required by applicable law or regulation; (5) I have a valid contract in place with the Participant to provide investment advice and investment advisory services, which include all the services authorized by the parties as under :Participant in Section 2 of the Fidelity Investments Registered Investment Advisor Authorization Form. I agree to immediately inform Fidelity if the Participant dies, or partially or completely revokes, terminates, suspends, or materially modifies all or part of such contract, or if a legal guardian or conservator is appointed to handle the Participant’s affairs; (6) I have in my files written authorization, power of attorney, or other similar instrument duly executed by the Participant that authorizes me to direct orders on a discretionary basis to you on behalf of the Participant; (7) In the event I request Fidelity to (a) MAGMA ITL shall deduct investment advisor management fees from an account, or (b) take any other action with respect to a Participant or account maintained with Fidelity, I have a paramount right on in my files such duly executed documentation as is necessary to authorize me to make such request; (8) I represent that I will open accounts with Fidelity and/or refer Participants to Fidelity only in those instances in which I deem it appropriate and in the vehicle(s)/equipment(s)/asset(sbest interest of Participants; (9) with fittings, tools, tyres, accessories inclusive I represent that I have made such disclosures to Participants regarding all third-party service providers I use and any personal information I pass through to third-party providers in the course of managing their accounts. I represent that I understand and will apply the applicable terms of the body already built Letter (or amendment thereto) any time I transmit, request to transmit, export, download, retrieve, access or otherwise use Client Data, which includes Participants’ Third Party Data and Personal Information; (10) In the event I provide Fidelity with instructions via a faxed or imaged document, I represent that I have the original of that document in my files and will forward it to Fidelity upon request; and that the person(s) who executed such authorizing document(s), including the delegation to me of discretionary investment authority, was properly authorized to do so by the person or institution he or she represents; (11) I have provided to each Participant complete and current documentation regarding each of Fidelity’s products and services that I may make available to them, and have caused such documentation to be built properly executed by or on behalf of the Hirer/s Participant where required; (hereinafter collectively called ”12) I am neither affiliated with nor an agent of Fidelity, I am not authorized to make representations to Participants or others on behalf of Fidelity, and I will not make any representation(s) to the said Asset(s)” more particularly described contrary; (13) With respect to each order or instruction I direct to Fidelity on behalf of a Participant, I have fully investigated and considered the Participant’s investment objectives and other relevant information and have determined that each such order, instruction, and resulting transaction is suitable for the Participant and that the Participant has sufficient assets to satisfy the financial obligations to Fidelity resulting from the transaction; (14) I agree to be financially responsible for any unsatisfied financial obligation in Schedule I). The body so built by our firm accounts or Participant accounts in the Hirer/s and all accretionsevent that such obligation is the result of instructions or an order that I or a third-party service provider working for me directed to Fidelity; (15) I will not engage in the following activities without written authorization from the employer: • Unscheduled solicitation visits to an employee’s home or office; • Unsolicited sales presentations in offices, additions and accessories (including any additional body building /modification workshallways, additional components and engine/parts upgradescafeterias, parking lots, sidewalks, streets, etc.) made/ done ; • Solicitation mailings, emailings or other communications to the said asset(s) at his own expenses employees’ places of employment such as a campus address (or by the financial assistance of MAGMA ITL fully email address), or in part, shall always be an integral part use of the said Asset(s). bemployer’s institutional mail or email system for any purpose; • Promotional telephone solicitation calls (cold calls) to employees at places of employment; and • The Hirer/s hereby expressly agrees, undertakes and declares that the Hirer/s shall not have any right to deal with the said Asset(s) in any manner whatsoever distribution of sales or promotional material on property owned or controlled by a Participant’s employer other than to use it an individual employee during a scheduled visit; (16) I have familiarized myself with and will conduct my professional activities in accordance with the employer’s retirement plan policies regarding solicitation and marketing activities where a Participant is employed; (17) I understand that Fidelity has the right to cease doing business with me or my firm for violating our representations and agreements, engaging in prohibited activities or for any other reason or for no reason. I understand that cessation may include, but not be limited to, termination of access to Wealthscape and/or other similar electronic data channels, cessation of trading brokerage services, termination of fee deduction capabilities, and/or discontinuance of receipt of duplicate account statements and correspondence, in Fidelity’s sole discretion. We agree that Fidelity may notify the purpose specified affected Participants and/or Sponsors of such occurrence; (18) I understand and accept that for a variety of reasons, including verification of securities transactions and other information, Fidelity may monitor and/or record telephone conversations between me or my employees and Fidelity representatives. I consent to such recording and will be solely responsible for notifying, and obtaining the consent of, all current and future employees that such conversations may be monitored and/or recorded. I consent to the admission of such recordings as evidence in any adjudication of any dispute or claim arising under this representation should Fidelity wish to admit them; (19) I will not alter any of the materials provided to me by Fidelity, including but not limited to the Fidelity custodial account agreement, disclosure statement, Participant agreements, or Participant applications. I agree to deliver to Participants all account documentation provided by Fidelity in its entirety, including but not limited to applications, agreements, and any ancillary documentation; (20) I understand and agree, pursuant to IRS Section 403(b) or the employer’s retirement plan transfer rules, that exchanges out of the Participant’s account may only be made to employer-approved vendors; (21) I agree to notify Fidelity immediately in the event our investment advisor registration status under the Advisers Act or the state(s) in which I am currently registered is terminated or changes materially; (22) I understand and agree that I will not take any action that knowingly results in a Participant’s account being invested in an investment product that is not an available investment under the retirement plan; (23) I understand that either party may terminate the agreement to provide advisory services at any time with 30 days’ advance written notice or immediately if I cease to be registered as an Investment Advisor. No termination by Fidelity or me in accordance with this section shall affect the rights or obligations of either party arising prior to the effective date of such termination; (24) I agree that Fidelity may, but is not obligated to, perform a background check on me and/or any or all of the individuals identified in Section 1B of the Fidelity Investments Registered Investment Advisor Authorization Form or otherwise verify any information I and/or any or all of the individuals identified in Section 1B provide, and I authorize Fidelity to obtain a credit report or other financial responsibility report about me and/or any or all of the individuals identified in Section 1B at any time. Upon written request Fidelity will provide the name and address of the reporting agency used. I agree that Fidelity has the right to reject me and/or any or all of the individuals identified in Section 1B as Investment Advisors as a result of such a credit report or for any other reason at any time, and that Fidelity may notify the Participant of any such rejection and the reason therefore; (25) I agree that Fidelity assumes no responsibility for reviewing or monitoring any investment decision or other activity by me or my designees, but reserves the right to confirm any order or instruction with the Participant prior to acting upon the order or instruction; (26) I agree that acceptance of this agreement by Fidelity, and, if applicable, the employer, is not an endorsement of me, any or all of the individuals identified in Section 1B of the Fidelity Investments Registered Investment Advisor Authorization Form, or my firm; (27) If “Payment of Investment Advisor’s Fees” is authorized, I assert and agree that: • My fees are fully disclosed to the Participant; • My contract with the Participant requires that my fees be paid directly from the Participant’s account(s) only, and that such account(s) is solely liable for such fees; • My fees cannot be paid directly by the Participant at any time; • My fees relate directly to the provision of services with respect to the Participant’s account(s); and • I understand that Fidelity will treat the fee deductions and disbursements as nonreportable, nontaxable transactions to the Participant for tax purposes, unless the Internal Revenue Service considers (1) the advisory fee deductions not to be an “ordinary and necessary” expense of the account(s) or (2) the account(s) is not “solely liable” for such fees. I agree to immediately inform Fidelity if the Participant is required to report the fee deductions and disbursements as taxable transactions, at which time Fidelity may, in its sole discretion, discontinue such deductions and disbursements from the Participant’s account(s) under the plan(s); (28) If the employer’s signature is not required, I assert that I have verified the accuracy of the information provided by the Participant in Section 2 of the Fidelity Investments Registered Investment Advisor Authorization Form and I agree that the employer’s signature is not required in Section 3; (29) I agree that this Agreement shall be construed, administered, and enforced according to the laws of the Commonwealth of Massachusetts, except as superseded by federal laws or regulations; (30) I agree that this Agreement shall inure to the benefit of Fidelity and of any successor firm or firms and to the benefit of the affiliates and assigns of Fidelity or any successor firm. It shall be binding upon our successors, heirs, executors, and administrators. I agree not to assign this Agreement without the express consent in writing of MAGMA ITL. The Hirer shall not, in any manner whatsoever, encumber and/or alienate and/or transfer and/or dispose of and/or create third party rights/interest over the said Asset(s). c) The Hirer/s shall always remain liable to repay the financed amount along with interest thereon as mentioned in the Schedule II hereto and all other charges payable under this agreement irrespective of MAGMA ITL taking possession of the said Asset(s) which would form part of the security of MAGMA ITL for recovery of its dues. The said Asset(s) shall be held by the Hirer/s for and on behalf of MAGMA ITL and in trust for MAGMA ITL. The Hirers expressly agrees that all payments are to be made by the Hirer s at the registered office of MAGMA ITL at XXXXX Xxxxx 00, Xxxx Xxxxxx, Xxxxxxx – 700016. MITL/14/0115/TC/3000/0315 d) For the purpose of securing re-payment of the financed amount and all the sums payable hereunder, the Hirer/s hereby transfers / shall be deemed to have transferred to MAGMA ITL the right to possess, use and sell the said Asset(s). e) The Hirer/s agrees and consents to receive tele calls, letters from MAGMA ITL and/or its officials/authorized agents, for informing about due dates, insurance renewal dates, outstanding amount under the agreement and also to update or to pay the instalments and other dues under this Agreement and to renew the insurance of the said Asset (s). f) The Hirer/s agrees, undertakes and declares that the Hirer does not have any right over the said Asset(s) except to ply the same upon due payments of the monthly instalments payable under these presents. Only upon making complete payment of all the monthly instalments and other incidental charges (if any) payable under these presents will the Hirer/s acquire the right on the said Asset(s) from MAGMA ITL in the manner stated in this Agreement. g) The Hirer/s has examined (or caused to be examined) the said Asset(s) and satisfied himself as to its operation, condition, running and its delivery place , status and modalities . No warranty and / or responsibility is implied on the part of MAGMA ITL in respect of the said Asset(s) in any manner whatsoever. No liability, claim or action whatsoever shall be levied against MAGMA ITL, whether by the Hirer/s or by any other person or authority, in respect of the said Asset(s). h) MAGMAITL does not give any warranty as to the quality or fitness of the mechanism of the said Asset(s) and will not be responsible or liable for any defect found therein. I) The Hirer/s shall be solely responsible to take delivery of the said Asset/s from the dealer/manufacturer, within 15 days of the delivery order issued by MAGMA ITL, by himself or through his authorized representative . Delivery receipt signed by the Hirer/s or his representative shall be deemed as conclusive proof of his taking delivery from the dealer/ manufacturer. j) The Hirer/s shall not give the said Asset(s) on hire or on any other basis or to allow it to be used by any other person CG without theprior written consent of MAGMA ITL Fidelity and shall the Participant. (31) I agree that Fidelity may have accepted in the past an alternative to the Fidelity Investments Registered Investment Advisor Authorization Form. I agree that Fidelity may require that a Fidelity Investments Registered Investment Advisor Authorization Form may need to be completed for each Participant or that Fidelity may elect to accept any prior similar form. In lieu of furnishing to you copies of the written authorizations and other documents referred to above, and in consideration of your acceptance of orders and other instructions from me, I agree to indemnify and hold harmless Fidelity and its officers, directors, employees, agents, control persons, and affiliates from and against all claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) in the event that: (1) any representation by me (or any individual identified in Section 1B of the Fidelity Investments Registered Investment Advisor Authorization Form) to you is or becomes untrue, (2) I (or any individual identified in Section 1B) fail to comply with the terms or conditions of this Agreement or the Letter, (3) any Participant, Plan Sponsor, or other person alleges that any order or instruction I (or any individual identified in Section 1B) give to you was unauthorized or exceeded the scope of my authority, or (4) any Participant, Plan Sponsor, or other person alleges that any transaction effected by Fidelity on the basis of an order or instruction from me (or any individual identified in Section 1B) was not hypothecate suitable or pledge the same with any person to secure payment of any monieswas otherwise improper.

CONDITIONS OF THE AGREEMENT. It is hereby agreed and declared by the parties as under : a) MAGMA ITL Magma shall have a paramount right on the vehicle(s)/equipment(s)/asset(s) with fittings, tools, tyres, accessories inclusive of the body already built or to be built by the Hirer/s (hereinafter collectively called ”“the said Asset(s)” more particularly described in Schedule I1). The body so built by the Hirer/s and all accretions, additions and accessories (including any additional body building /modification works, additional components and engine/parts upgrades, etc.) made/ done to the said asset(s) at his own expenses or by the financial assistance of MAGMA ITL fully or in part, shall always be an integral part of the said Asset(s). b) The Hirer/s hereby expressly agrees, undertakes and declares that the Hirer/s shall not have any right to deal with the said Asset(s) in any manner whatsoever other than to use it for the purpose specified in this Agreement without the express consent in writing of MAGMA ITLMAGMA. The Hirer shall not, in any manner whatsoever, encumber and/or alienate and/or transfer and/or dispose of and/or create third party rights/interest over the said Asset(s). c) The Hirer/s shall always remain liable to repay the financed amount along with interest thereon as mentioned in the Schedule II hereto and all other charges payable under this agreement irrespective of MAGMA ITL taking possession of the said Asset(s) which would form part of the security of MAGMA ITL for recovery of its dues. The said Asset(s) shall be held by the Hirer/s for and on behalf of MAGMA ITL and in trust for MAGMA ITLMAGMA. The Hirers Hirer/s expressly agrees that all payments are to be made by the Hirer Hirer/s at the registered office of MAGMA ITL Magma at XXXXX Xxxxx Xxxxx 00, Xxxx Xxxxxx, Xxxxxxx – 700016. MITL/14/0115/TC/3000/0315000000. d) For the purpose of securing re-payment of the financed amount and all the sums payable hereunder, the Hirer/s hereby transfers / shall be deemed to have transferred to MAGMA ITL the right to possess, use and sell the said Asset(s). e) The Hirer/s agrees and consents to receive tele calls, letters from MAGMA ITL and/or its officials/authorized agents, for informing about due dates, insurance renewal dates, outstanding amount under the agreement and also to update or to pay the instalments and other dues under this Agreement and to renew the insurance of the said Asset (s). f) The Hirer/s agrees, undertakes and declares that the Hirer does not have any right over the said Asset(s) except to ply the same upon due payments of the monthly instalments payable under these presents. Only upon making complete payment of all the monthly instalments and other incidental charges (if any) payable under these presents will the Hirer/s acquire the right on the said Asset(s) from MAGMA ITL Magma in the manner stated in this Agreement. g) The Hirer/s has examined (or caused to be examined) the said Asset(s) and satisfied himself as to its operation, condition, running and its delivery place , status and modalities modalities. No warranty and / or responsibility is implied on the part of MAGMA ITL in 1 - MFL/0115/18/W/SE/3K/0115 respect of the said Asset(s) in any manner whatsoever. No liability, claim or action whatsoever shall be levied against MAGMA ITLMAGMA, whether by the Hirer/s or by any other person or authority, in respect of the said Asset(s). h) MAGMAITL Magma does not give any warranty as to the quality or fitness of the mechanism of the said Asset(s) and will not be responsible or liable for any defect found therein. Ii) The Hirer/s shall be solely responsible to take delivery of the said Asset/s from the dealer/manufacturer, within 15 days of the delivery order issued by MAGMA ITLMAGMA, by himself or through his authorized representative . Delivery receipt signed by the Hirer/s or his representative shall be deemed as conclusive proof of his taking delivery from the dealer/ manufacturer. j) The Hirer/s shall not give the said Asset(s) on hire or on any other basis or to allow it to be used by any other person CG without theprior the prior written consent of MAGMA ITL Magma and shall not hypothecate or pledge the same with any person to secure payment of any monies.