Customer’s Acknowledgements Sample Clauses

Customer’s Acknowledgements. The Customer agrees that: (a) before accepting the relevant Quote, it has had the opportunity to examine any Sale Equipment to satisfy itself as to the condition, suitability and specifications of the Sale Equipment and its fitness for the Customer’s purposes; (b) neither TEN nor anyone on its behalf has given any warranty or made any representation to the Customer as to the quality, fitness for any particular purpose, suitability or condition of the Sale Equipment; (c) the Sale Equipment may differ from the images or description stated on the website of TEN or its catalogues, product datasheets and advertising documents and TEN is not liable for any Loss, Claim or Liability associated with any difference between the Sale Equipment and any description of it; and (d) all the Customer’s Obligations under the relevant Supply Agreement will continue despite any defect in, or breakdown of, the Sale Equipment or any other matter concerning the Sale Equipment.
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Customer’s Acknowledgements. The Customer agrees that: (a) before accepting the relevant Quote, it had the opportunity to examine any Hire Equipment to satisfy itself as to the condition, suitability and specifications of the Hire Equipment and its fitness for the Customer’s purposes; (b) neither TEN nor anyone on its behalf has given any warranty or made any representation to the Customer as to the quality, fitness for any particular purpose, suitability or condition of the Hire Equipment; (c) the Hire Equipment may differ from the images or description stated on the website of TEN or its catalogues, product datasheets and advertising documents and TEN is not liable for any Loss, Claim or Liability associated with any difference between the Hire Equipment and any description of it; and (d) all the Customer’s Obligations under the relevant Supply Agreement will continue despite any defect in, or breakdown of, the Hire Equipment or any other matter concerning the Hire Equipment.
Sample 1Sample 2Sample 3See All (4)
Customer’s Acknowledgements. Customer acknowledges and agrees (i) any transaction utilizing the Services involves risks, including but not limited to the risk of losses associated with currency fluctuations, and Customer is willing to accept and is capable of understanding any and all such risks; (ii) it is familiar with the Services and fully understands its payment and settlement obligations being created thereunder; (iii) the price or rate charged by CIBC in respect of any transaction in connection with the Services may include a spread or other fee or commission; and (iv) it is not relying on any information or communications from CIBC including as may be found on CIBC’s website as related to any online trading platforms, and Customer acknowledges and agrees that (i) any such information is not legal, tax, accounting, business or investment advice and (ii) it has made its own independent decision to enter into this Agreement and any transaction under the Services based upon its own judgment.
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Customer’s Acknowledgements. The Customer acknowledges that; (a) it was aware of the performance specifications of the Equipment prior to entering into the Agreement. (b) it has not relied on any representations of the Owner, its employees or agents in choosing the Equipment or determining whether the Equipment is fit for its purpose. (c) it inspected the Equipment prior to entering into the Agreement and accepted the Equipment in its then current condition.
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Customer’s Acknowledgements. You acknowledge and agree that you must make and rely on your own enquiries and investigations regarding the assumptions, uncertainties and contingencies which may affect your energy consumption, energy prices, contracts, quotes, terms and conditions or any other information provided by us or Suppliers.
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Customer’s Acknowledgements. 12.1 The Customer acknowledges that it must ensure that the Contractor has, at all times, clear and free access to the Work Site. The Contractor may charge the Customer further Fees as a result of any interruption caused to the Contractor in carrying out the Works. 12.2 The Contract accepts no liability for the visual presentation or noise level of Goods.
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Customer’s Acknowledgements. Customer acknowledges and agrees that: i) any transaction utilizing the Services involves risks, including but not limited to the risk of losses associated with currency fluctuations, and Customer is willing to accept and is capable of understanding any and all such risks; ii) it is familiar with the Services and fully understands its payment and settlement obligations being created thereunder; iii) the price or rate charged by CIBC in respect of any transaction in connection with the Services may include a spread or other fee or commission, including, without limitation, additional fees charged to cover any costs incurred by CIBC (or incurred by any settlement participants receiving or handling funds for CIBC or the beneficiary) in making certain payment and settlement services available on the Trading Platform; iv) it is not relying on any information or communications from CIBC including as may be found on CIBC’s website as related to any online trading platforms, and Customer acknowledges and agrees that (i) any such information is not legal, tax, accounting, business or investment advice and (ii) it has made its own independent decision to enter into this Agreement and any transaction under the Services based upon its own judgment; and v) in order to comply with Settlement Rules and Applicable Laws, CIBC or an intermediary may disclose any information about Customer and the recipient of a payment to an intermediary or to a foreign or domestic government authority or regulatory body. On behalf of Customer and the recipient, you (i) consent to such disclosure, and (ii) acknowledge that the confidential information may be accessed by foreign or domestic authorities or regulatory bodies as a result. Customer confirms that it has the authority to make such consent and acknowledgments on behalf of the recipient.
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Customer’s Acknowledgements. Customer acknowledges that investment in commodity futures contracts and commodity options on futures is speculative, involves a high degree of risk and is appropriate only for persons who can assume risk of loss in excess of their margin deposit. Customer understands that because of the low margin normally required in commodity futures trading, price changes in commodity futures contracts may result in significant losses, which losses may substantially exceed Customers investment and margin deposit. Customer warrants that Customer is willing and able, financially and other wise, to assume the risk of trading Commodities, and in consideration of PFGs carrying Customers Account(s) Customer agrees not to hold PFG responsible for losses incurred through following PFGs trading recommendations or suggestions or those of PFGs employees, agents or representatives. Customer recognizes that guarantees of profit or freedom from loss are impossible in commodity trading. Customer acknowledges that Customer has received no such guarantees from PFG or from any of PFGs representatives or any introducing broker or other entity with whom Customer is conducting business in Customers Account and has not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar representations. Further Customer acknowledges that Customer has relied only on the terms and representations contained in this Agreement in formulating Customers decision to open an account with PFG. Customer acknowledges that Customer has been advised and understands the following factors concerning trading Commodities, in addition to those contained in the CFTC Required Risk Disclosure Statement and Disclosure Statement for Non-Cash Margin, that have been provided to Customer. Customer further acknowledges that the purchase or sale of a futures contract always anticipates the accepting or making of delivery. PFG is not a member of the Securities Investor Protection Corporation (“SIPC”), therefore, Customers account is not entitled to SIPC protection. Customer acknowledges that Customers Accounts at PFG are neither securities accounts protected under SIPC nor bank accounts protected by the FDIC. Customer acknowledges that the accuracy, completeness, timeliness, and correct sequencing of the real-time information concerning Customers trading and account activity, the quotes, market news, charts, trading analysis and strategies are not guaranteed by PFG or PFGs information provi...
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Customer’s Acknowledgements. 6.1. The Customer acknowledges that: 6.1.1. it should add fresh, relevant content to the Website regularly in order to maximise the beneficial effect of the SEO Services; 6.1.2. any unavailability of the Website will adversely affect its ranking and the benefit of the SEO Services; 6.1.3. the Customer’s liability to pay for the Services is not affected in any way by the failure of Web Clare to provide the Services by reason of the unavailability of the Website, invalidity of FTP or CMS information; 6.1.4. the efficacy of the Services is dependent upon the decisions, algorithms and indexing of third- party search engines which are beyond the control of Web Clare; 6.1.5. Website ranking is subject to the activities of the search engines, competitor website operators and competitor keyword advertisers/users and the effect of those activities is beyond the control of Web Clare; 6.1.6. Web Clare makes no representation or warranty that the Website will achieve or maintain any specific position or ranking.
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Related to Customer’s Acknowledgements

  • Your Acknowledgements You acknowledge and agree that: 5.1 Apple may at any time, and from time to time, with or without prior notice to You (a) modify the APN, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the APN APIs. You understand that any such modifications may require You to change or update Your Applications, Passes or Sites at Your own cost. Apple has no express or implied obligation to provide, or continue to provide, the APN and may suspend or discontinue all or any portion of the APN at any time. Apple shall not be liable for any losses, damages or costs of any kind incurred by You or any other party arising out of or related to any such service suspension or discontinuation or any such modification of the APN or APN APIs. 5.2 The APN is not available in all languages or in all countries or regions and Apple makes no representation that the APN is appropriate or available for use in any particular location. To 5.3 Apple provides the APN to You for Your use with Your Application, Pass, or Site, and does not provide the APN directly to any end-user. You acknowledge and agree that any Push Notifications are sent by You, not Apple, to the end-user of Your Application, Pass or Site, and You are solely liable and responsible for any data or content transmitted therein and for any such use of the APN. Further, You acknowledge and agree that any Local Notifications are sent by You, not Apple, to the end-user of Your Application, and You are solely liable and responsible for any data or content transmitted therein. 5.4 Apple makes no guarantees to You in relation to the availability or uptime of the APN and is not obligated to provide any maintenance, technical or other support for the APN. 5.5 Apple reserves the right to remove Your access to the APN, limit Your use of the APN, or revoke Your Push Application ID at any time in its sole discretion. 5.6 Apple may monitor and collect information (including but not limited to technical and diagnostic information) about Your usage of the APN to aid Apple in improving the APN and other Apple products or services and to verify Your compliance with this Agreement; provided however that Apple will not access or disclose the content of any Push Notification unless Apple has a good faith belief that such access or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce the terms of this Agreement, including investigation of any potential violation hereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its developers, customers or the public as required or permitted by law. Notwithstanding the foregoing, You acknowledge and agree that iOS, iPadOS, macOS, and watchOS may access Push Notifications locally on a user’s device solely for the purposes of responding to user requests and personalizing user experience and suggestions on device.

  • Certain Acknowledgements The Participant acknowledges and agrees (i) that the Trust, the Transfer Agent, the Distributor and their respective agents may elect to review any Order placed through the Web Order Site manually before it is executed and that such manual review may result in a delay in execution of such Order; (ii) that during periods of heavy market activity or other times, it may be difficult to place Orders via the Web Order Site and the Participant may place Orders as otherwise set forth in Attachment A; and (iii) that any transaction information, content, or data downloaded or otherwise obtained through the use of the Web Order Site are done at the Participant’s own discretion and risk. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THE FUND CONNECT AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE WEB ORDER SITE IS PROVIDED “AS IS,” “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. SPECIFICALLY, WITHOUT LIMITING THE FOREGOING, ALL WARRANTIES, CONDITIONS, OTHER CONTRACTUAL TERMS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEB ORDER SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE TRUST, THE TRANSFER AGENT, THE DISTRIBUTOR OR THEIR RESPECTIVE AGENTS, AFFILIATES, LICENSORS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO AS TO TITLE, SATISFACTORY QUALITY, ACCURACY, COMPLETENESS, UNINTERRUPTED USE, NON-INFRINGEMENT, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES, CONDITIONS AND OTHER CONTRACTUAL TERMS ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

  • Risk Acknowledgement The Sub-Adviser makes no representation or warranty, express or implied, that any level of performance or investment results will be achieved by the Fund, whether on a relative or absolute basis. The Adviser understands that investment decisions made for the Fund by the Sub-Adviser are subject to various market, currency, economic, political, business and structure risks and that those investment decisions will not always be profitable.

  • Additional Acknowledgements By accepting this Agreement electronically, the Grantee and the Company agree that the Restricted Stock Units are granted under and governed by the terms and conditions of the Plan and this Agreement. The Grantee has reviewed in its entirety the prospectus that summarizes the terms of the Plan and this Agreement, has had an opportunity to request a copy of the Plan in accordance with the procedure described in the prospectus, has had an opportunity to obtain the advice of counsel prior to electronically accepting this Agreement and fully understands all provisions of the Plan and this Agreement. The Grantee hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Administrator upon any questions relating to the Plan and this Agreement.

  • Executive’s Acknowledgements The Executive acknowledges that he: (a) has read this Agreement; (b) has been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of the Executive’s own choice or has voluntarily declined to seek such counsel; (c) understands the terms and consequences of this Agreement; and (d) understands that the law firm of Xxxxxx Xxxxxx Xxxxxxxxx Xxxx and Xxxx LLP is acting as counsel to the Company in connection with the transactions contemplated by this Agreement, and is not acting as counsel for the Executive.

  • Labor Law Acknowledgement The following provision supplements Section 6 and 7 of the Agreement: In accepting the Award of RSUs pursuant to this Agreement, you acknowledge that the RSUs are being granted ex gratia to you with the purpose of rewarding you.

  • Mutual Acknowledgement Both the Company and Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company has undertaken or may be required in the future to undertake with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Company's right under public policy to indemnify Indemnitee.

  • Agreements and Acknowledgements Regarding Hedging Counterparty understands, acknowledges and agrees that: (A) at any time on and prior to the Expiration Date, Dealer and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to the Transaction; (B) Dealer and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the Transaction; (C) Dealer shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of Issuer shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the Relevant Prices; and (D) any market activities of Dealer and its affiliates with respect to Shares may affect the market price and volatility of Shares, as well as the Relevant Prices, each in a manner that may be adverse to Counterparty.

  • Acknowledgement Regarding Any Supported QFCs To the extent that the Loan Documents provide support, through a guarantee or otherwise, for any Swap Contract or any other agreement or instrument that is a QFC (such support, “QFC Credit Support”, and each such QFC, a “Supported QFC”), the parties acknowledge and agree as follows with respect to the resolution power of the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act and Title II of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (together with the regulations promulgated thereunder, the “U.S. Special Resolution Regimes”) in respect of such Supported QFC and QFC Credit Support (with the provisions below applicable notwithstanding that the Loan Documents and any Supported QFC may in fact be stated to be governed by the laws of the State of New York and/or of the United States or any other state of the United States): (a) In the event a Covered Entity that is party to a Supported QFC (each, a “Covered Party”) becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer of such Supported QFC and the benefit of such QFC Credit Support (and any interest and obligation in or under such Supported QFC and such QFC Credit Support, and any rights in property securing such Supported QFC or such QFC Credit Support) from such Covered Party will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if the Supported QFC and such QFC Credit Support (and any such interest, obligation and rights in property) were governed by the laws of the United States or a state of the United States. In the event a Covered Party or a BHC Act Affiliate of a Covered Party becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights under the Loan Documents that might otherwise apply to such Supported QFC or any QFC Credit Support that may be exercised against such Covered Party are permitted to be exercised to no greater extent than such Default Rights could be exercised under the U.S. Special Resolution Regime if the Supported QFC and the Loan Documents were governed by the laws of the United States or a state of the United States. Without limitation of the foregoing, it is understood and agreed that rights and remedies of the parties with respect to a Defaulting Lender shall in no event affect the rights of any Covered Party with respect to a Supported QFC or any QFC Credit Support. (b) As used in this Section 10.22, the following terms have the following meanings:

  • Third Party Acknowledgements A. Portions of the Apple Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (xxxxx://xxx.xxxxxx.xxx/intl/en/policies/terms/) and to Google’s Privacy Policy (https:// xxx.xxxxxx.xxx/xxxx/xx/xxxxxxxx/xxxxxxx/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/ Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine- readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at xxxxxxxxxx@xxxxx.xxx. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See xxxxx://xxx.xxxxxx.xxx for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non- commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See xxxxx://xxx.xxxxxx.xxx. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTPS:// XXX.XXXXXX.XXX.

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