Direct Mailing of CD-ROMs Sample Clauses

Direct Mailing of CD-ROMs. AOLB has the right to require Itaú to engage in direct mailing, in accordance with Section 2(c)(i), from the MOA Effective Date through the fifth Anniversary Date up to an aggregate of [**] CD-ROMs on the following schedule: (A) [**], for the period from the MOA Effective Date through the second Anniversary Date, (B) [**], for the period from the second Anniversary Date through the third Anniversary Date, (C) [**], for the period from the third Anniversary Date through the fourth Anniversary Date, and (D) [**], for the period from the fourth Anniversary Date through the fifth Anniversary Date. Notwithstanding the foregoing, AOLB in its discretion may increase or decrease the required direct mailing number for any Anniversary Year by up to 20% with any such increase or decrease deducted or added, as applicable, to the required direct mailing number for the following Anniversary Year, provided that in no event will AOLB have the right to require that the direct mailing of any CD-ROMs be effected by Itaú after the fifth Anniversary Date. Subject to the foregoing parameters, Itaú will engage in direct mailing of the CD-ROMs at such times and in such amounts as are designated by AOLB. AOLB, at its discretion, has the right to reallocate CD-ROMs from Distribution to direct mailing, as described in Section 2(a)(iv) of this Exhibit A. Itaú shall be responsible for CD-ROM Costs relating to the production and direct mailing of the CD-ROMs as set forth in Section 2(a)(iv) of this Exhibit A. AOLB will have the right at any time and from time to time to direct that Itaú, in lieu of direct mailing a number of CD-ROMs designated by AOLB (for which Itaú has not yet incurred any costs following and as a result of AOLB’s written direction to mail such CD-ROMs), purchase interactive marketing on the AOLB Service and/or Co-Branded Service during the period in which Itaú would have engaged in direct mailing of the CD-ROMs. The price of the interactive marketing purchased in lieu of the direct mailing of CD-ROMs will be an amount equivalent to the aggregate CD-ROM Costs that would have been incurred by Itaú if the CD-ROMs and related materials had been ordered and mailed. For this purpose, the CD-ROM Costs will be deemed to be the applicable amount (on a per-CD-ROM basis) as were actually incurred with respect to the lot of CD-ROMs that were purchased immediately prior to the time for which the calculation is to be made. The mailing costs will be calculated based on the average...
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Related to Direct Mailing of CD-ROMs

  • Print Mail The Fund hereby engages PFPC as its exclusive print/mail service provider with respect to those items and for such fees as may be agreed to from time to time in writing by the Fund and PFPC.

  • Usage for Voice Mail Message Service Rated Incollects (originated in BellSouth and from other companies) can also be on Optional Daily Usage File. Rated Incollects will be intermingled with BellSouth recorded rated and unrated usage. Rated Incollects will not be packed separately.

  • DIRECT MARKETING Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Consumers or other Eligible Consumers located within the Town, Competitive Supplier agrees to (i) give the Town written notice of such new product or service and (ii) subject to the entry into reasonable confidentiality terms to the extent permitted by law and mutually acceptable to the Parties, discuss with the Town the possible inclusion of such new product or service in this aggregation program. The Parties agree to negotiate in good faith the terms, conditions, and prices for such products and services which the Parties agree should be included in a Town aggregation program. Competitive Supplier also agrees not to engage in any direct marketing to any Participating Consumer that relies upon Competitive Supplier’s unique knowledge of, or access to, Participating Consumers gained as a result of this ESA. For the purposes of this provision, “direct marketing” shall include any telephone call, mailing, electronic mail, or other contact between the Competitive Supplier and the Consumer. Broad-based programs of the Competitive Supplier that do not rely on unique knowledge or access gained through this ESA will not constitute such “direct marketing.”

  • Banking of RDOs (a) Where the Employer and an Employee agree up to five RDOs may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs will be entered on to each Employee’s employment records. (b) Where there is a dispute in relation to the operation of this sub-clause and it is unable to be resolved at the workplace level, the matter will be determined in accordance with clause 10- Disputes Resolution Procedure of this Agreement.

  • Posting of Communications (a) The Borrower agrees that the Administrative Agent may, but shall not be obligated to, make any Communications available to the Lenders and the Fronting Banks by posting the Communications on IntraLinks™, DebtDomain, SyndTrak, ClearPar or any other electronic platform chosen by the Administrative Agent to be its electronic transmission system (the “Approved Electronic Platform”). (b) Although the Approved Electronic Platform and its primary web portal are secured with generally-applicable security procedures and policies implemented or modified by the Administrative Agent from time to time (including, as of the Closing Date, a user ID/password authorization system) and the Approved Electronic Platform is secured through a per-deal authorization method whereby each user may access the Approved Electronic Platform only on a deal-by-deal basis, each of the Lenders, each of the Fronting Banks and each of the Borrowers acknowledges and agrees that the distribution of material through an electronic medium is not necessarily secure, that the Administrative Agent is not responsible for approving or vetting the representatives or contacts of any Lender that are added to the Approved Electronic Platform, and that there may be confidentiality and other risks associated with such distribution. Each of the Lenders, each of the Fronting Banks and each of the Borrowers hereby approves distribution of the Communications through the Approved Electronic Platform and understands and assumes the risks of such distribution. (c) THE APPROVED ELECTRONIC PLATFORM AND THE COMMUNICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE APPLICABLE PARTIES (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMMUNICATIONS, OR THE ADEQUACY OF THE APPROVED ELECTRONIC PLATFORM AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE APPROVED ELECTRONIC PLATFORM AND THE COMMUNICATIONS. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FREEDOM FROM VIRUSES OR OTHER CODE DEFECTS, IS MADE BY THE APPLICABLE PARTIES IN CONNECTION WITH THE COMMUNICATIONS OR THE APPROVED ELECTRONIC PLATFORM. IN NO EVENT SHALL THE ADMINISTRATIVE AGENT, ANY JOINT LEAD ARRANGER OR ANY OF THEIR RESPECTIVE RELATED PARTIES (COLLECTIVELY, “APPLICABLE PARTIES”) HAVE ANY LIABILITY TO ANY BORROWER, ANY LENDER, ANY FRONTING BANK OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (WHETHER IN TORT, CONTRACT OR OTHERWISE) ARISING OUT OF ANY BORROWER’S OR THE ADMINISTRATIVE AGENT’S TRANSMISSION OF COMMUNICATIONS THROUGH THE INTERNET OR THE APPROVED ELECTRONIC PLATFORM. (d) Each Lender and each Fronting Bank agrees that notice to it (as provided in the next sentence) specifying that Communications have been posted to the Approved Electronic Platform shall constitute effective delivery of the Communications to such Lender for purposes of the Loan Documents. Each Lender and Fronting Bank agrees (i) to notify the Administrative Agent in writing (which could be in the form of electronic communication) from time to time of such Lender’s or Fronting Bank’s (as applicable) email address to which the foregoing notice may be sent by electronic transmission and (ii) that the foregoing notice may be sent to such email address. (e) Each of the Lenders, each of the Fronting Banks and each of the Borrowers agrees that the Administrative Agent may, but (except as may be required by applicable law) shall not be obligated to, store the Communications on the Approved Electronic Platform in accordance with the Administrative Agent’s generally applicable document retention procedures and policies. (f) Nothing herein shall prejudice the right of the Administrative Agent, any Lender or any Fronting Bank to give any notice or other communication pursuant to any Loan Document in any other manner specified in such Loan Document.

  • Public Posting of Approved Users’ Research Use Statement The PI agrees that information about themselves and the approved research use will be posted publicly on the dbGaP website. The information includes the PI’s name and Requester, project name, Research Use Statement, and a Non-Technical Summary of the Research Use Statement. In addition, and if applicable, this information may include the Cloud Computing Use Statement and name of the CSP or PCS. Citations of publications resulting from the use of controlled-access datasets obtained through this DAR may also be posted on the dbGaP website.

  • Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer.

  • Directory Publication Nothing in this Agreement shall require Verizon to publish a directory where it would not otherwise do so.

  • Posting of Agreement To ensure that the Parties are aware of the terms of the Agreement, and to assist in any resolution of a disputes or the avoidance thereof a copy of this Agreement shall be retained by the Employer at all times for ready access by any Employee on a project site or via access to the Employer’s intranet, and the Employer will provide a permanent copy for each Union Delegate or Employee representative and Health and Safety Representative on a project site.

  • Data Services In lieu of any other rates or discounts, the Customer will receive a discount equal to 20% for the following Data Services: Access: Standard VBS3Guide local loop charges for DS-0, DS-1 and DS-3 Access Service.

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