Duties of Broker. Broker accepts the relationship of trust and confidence established between Broker and Owner under this Agreement. Broker agrees to take all actions reasonably required or helpful in selling the Property as promptly as possible, including, but not limited to, promoting and marketing the Property for sale, using its diligent and best efforts, skill, judgment, and abilities to show the Property, offering the Property for sale, procuring prospective purchasers for Property, cooperating with outside brokers representing such prospective purchasers, obtaining financial and reference information on prospective purchasers, promptly submitting all offers to purchase the Property to Owner, taking photographs of the Property, making monthly inspections of the Property, and other actions as may be directed by Owner from time to time including, but not limited to, as a when requested by Owner, using best efforts to assist Owner with obtaining tenant estoppel certificates and subordinations. Inquiries regarding the Property shall be referred to Broker and related negotiations shall be handled by or under direction of Broker, subject to the approval and review of Owner and subject to the participation of legal counsel selected and retained by Owner to assist as necessary in preparation and negotiation of the sale contract and to institute and defend any and all legal proceedings associated with the sale of the Property; provided that no such legal proceedings or compromises or settlements of such legal proceedings shall be undertaken or defended without, in each instance, the prior written approval of Owner. Without limiting the generality of the foregoing, Broker specifically agrees to provide monthly activity reports to Owner on or before the 20th day of each calendar month, detailing the activities undertaken by Broker in connection with the sale of the Property, including, but not limited to, any outstanding offers, prospects shown the Property, active prospects, and other marketing activities. To extent permitted by applicable law, Broker agrees to retain Secured Capital Corp (“SCC”) as an advisor pursuant to an advisory agreement (the “Advisory Agreement”) in substantially the form attached hereto as Exhibit 1 to assist Broker with the discharge of the duties and obligations of Broker pursuant to the terms and conditions of this Agreement. To the extent permitted by applicable law and without limiting the scope or nature of the duties which Broker and SCC may perf...
Duties of Broker. Solutions
(i) Design, manufacture and distribute Investment Products for distribution through Financial Brokers in accordance with this Agreement.
(ii) Appoint appropriate custodians and other third party administrators to handle client cash and to open and maintain the securities accounts required to invest in its Investment Products.
(iii) Provide Brochures and KIDs (as required by PRIIPs) for each Investment Product. These Product materials will comply with all the regulatory and legislative requirements that apply to the Firm’s products and will at all times be fair at not misleading.
(iv) Provide other Product marketing supports to Financial Brokers such as Product 2 Page Summary Sheets, Product Investment Rationales and Underlying Investment Fact Sheets, Presentations & Videos etc.
(v) Provide Product training to all relevant staff members of each Financial Broker. This will be achieved in the course of Product Presentations during regular site visits, the provision of Product Broker Training Guides and other electronic means.
(vi) When Broker Solutions manufactures a Bespoke Product to a Financial Broker, a stand alone Letter of Agreement will be signed by both parties outlining the details of and responsibilities of the parties in relation to such a Product.
(vii) Provide post investment Certificates to Financial Brokers for each investor client within 7 days of the Issue Date of each Product.
(viii) Provide Commission Payments and Commission Statements to Financial Brokers within 7 days of the Issue Date of each Product.
(ix) Provide regular Price (secondary market) and Performance updates for each Product to Financial Brokers for onward communication to investor clients.
(x) Broker Solutions reserves the right to contact Financial Broker’s clients in exceptional circumstances but will not market any products or services to such clients.
Duties of Broker. In order to properly manage and lease the property, the Broker shall have the following duties and responsibilities:
Duties of Broker. In accepting this appointment, Xxxxxx has the authority and agrees:
1. To maintain the necessary legal authority to bind its agents and employees.
2. To ensure that Xxxxxx's agents and employees comply with all terms of this Agreement.
3. To conduct all of its activities under this Agreement in compliance with applicable law.
4. To have and maintain all necessary licenses to perform its obligations under this Agreement. Broker shall also ensure that all of its agents and employees that it designates to act on its behalf have and at all times maintain all licenses required by law for such agents and employees to perform services for the Broker. Broker shall provide copies of such licenses to PHP at PHP's request.
5. To hold in trust as property of PHP all premiums and other monies collected or received by the Broker on behalf of PHP. Broker shall remit all applications, premiums, or other monies immediately to PHP.
6. To be responsible for and pay all expenses and fees that Broker incurs while carrying out the terms of this Agreement.
7. To deliver to PHP evidence of any claims for benefits under the Welfare Benefit Contracts immediately upon receipt.
8. To complete initial and ongoing training with PHP to ensure compliance by Broker and Broker's employees and agents with PHP marketing, enrollment, and participation policies. Such training shall include, but not be limited to, open enrollment training, sales call training, routine evaluation of Broker’s performance under this Agreement and such other training as may be required by PHP from time to time.
9. To be solely responsible for compensating its agents and employees for services provided under this Agreement. In the event of nonpayment by Xxxxxx, no agent or employee of Broker shall have recourse against PHP.
10. To promptly notify PHP, in writing, of any pending litigation, threatened litigation, complaint or grievance, or any inquiry or investigation from any consumer, consumer representative, Enrolling Unit, individual health contract Subscriber, federal, state, or local governmental agency, or any industry or self regulatory organization, or any other source, regarding Welfare Benefit Contracts or the conduct of Broker under this Agreement. Xxxxxx agrees to promptly furnish all written materials requested by PHP in connection with any such matter and to cooperate with PHP in its investigation and defense regarding any such matter.
Duties of Broker. A. To solicit and submit applications along with premiums due, for the Flood Insurance Policies authorized under the National Flood Insurance Act, subject to the published authority of the Federal Emergency Management Agency / Federal Insurance Administration (FEMA/FIA).
B. To obey and comply with all State Insurance Department regulations governing the territory in which the Broker is authorized to solicit business.
C. To comply with the underwriting guides, bulletins, manuals and written instruction issued by the Company in accordance with the Federal Emergency Management Agency / Federal Insurance Administration (FEMA/FIA) regarding the solicitation and submission of flood insurance applications.
D. To report all claims and claims related activity promptly to the Company.
Duties of Broker. 9
4.1 Xxxxxx’s Representative 9 4.2 Service Performance Standards 10 4.3 Invoicing 11 4.4 RELEASE 11 4.5 INDEMNIFICATION 12 4.6 INDEMNIFICATION PROCEDURES 12 4.7 INDEMNIFICATION-SUBCONTRACTOR’S INDEMNITY 14 4.8 RELEASE AND INDEMNIFICATION - (PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRET INFRINGEMENT) 14 4.9 Insurance 14 4.10 Warranties 18 4.11 Copyrights and Patents 18 4.12 Confidentiality 18 4.13 Ownership and Use of Documents 19 4.14 Control of Data 20 4.15 Licenses and Permits 20 4.16 Compliance with Laws 20 4.17 Compliance with Equal Opportunity Ordinance 20 4.18 Minority and Women Business Enterprises 20 4.19 Non-Discrimination 20 4.20 Drug Abuse Detection and Deterrence 21 4.21 Sensitive Security Information 22 4.22 Conflicts of Interest 22 4.23 Airport Security 22 4.23 Environmental Laws 22 4.25 Safety 23 4.26 Pay or Play 23 5.1 Payment Terms 23 5.2 Method of Payment 24 5.3 Disputed Payments 24 5.4 Taxes 24 5.5 Limit of Appropriation 24 5.6 Changes 25 5.9 Access to Data 27 5.8 Reappropriation of Budget Items 27
Duties of Broker. With respect to each Loan submitted by Broker to MBM for underwriting and funding, Broker shall:
(a) have and maintain the exclusive ongoing contact with Loan applicant(s) (collectively “Applicant”) from the time of application until closing;
(b) undertake all direct and face-to-face personal interviews with Applicant;
(c) educate and assist Applicant in understanding the home/property buying and financing process;
(d) discuss the different types of loan products available, explain the qualification and eligibility requirements for each product, and demonstrate how closing costs and monthly payments may vary under each product;
(e) gather all information and documentation needed to complete the Loan application;
(f) assist Applicant in filling out all Loan applications;
(g) collect and analyze financial information and related documents and assist Applicant in determining the mortgage that Applicant can afford;
(h) assist Applicant in identifying potential credit problems and obtaining letters of explanation;
(i) maintain regular contact with Applicant, real estate agents and MBM, as needed;
(j) deliver to Applicant a good faith estimate meeting the requirements of the Real Estate Settlement Procedures Act (“RESPA”) within three days of receipt of the Loan application;
(k) provide to applicants such additional disclosures as are required to be provided by Broker by MBM or applicable federal and state law, including but not limited to: disclosures required by MBM or applicable law in connection with fees and charges, including mortgage insurance and broker compensation (including yield spread premiums); disclosures required under federal law and relevant, similar state Truth in Lending laws; and disclosures required under state laws which govern and regulate mortgage broker conduct;
(l) collect the fees for the property appraisal
(m) request the property appraisal and gather preliminary materials from Applicant
(n) participate in the Loan closing, if applicable;
(o) implement quality control procedures approved by MBM (“Quality Control Program”); and
(p) perform any other service reasonably requested by MBM.
Duties of Broker. In managing the above-described Property, Broker may have the following duties and responsibilities:
(a) Collection of Revenue: Broker shall collect and enforce the collection of all rents and other charges due Owner from Tenant(s) of the above-described property.
Duties of Broker. 9
4.1 Broker’s Representative 9 4.2 Service Performance Standards 9 4.3 Invoicing 10 4.4 RELEASE 10 4.5 INDEMNIFICATION 10 4.6 INDEMNIFICATION PROCEDURES 11 4.7 INDEMNIFICATION-SUBCONTRACTOR’S INDEMNITY 13 4.8 RELEASE AND INDEMNIFICATION - PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRET INFRINGEMENT 13 4.9 Insurance 13 4.10 Warranties 17 4.11 Confidentiality 18 4.12 Ownership and Use of Documents 18 4.13 Licenses and Permits 19 4.14 Compliance with Laws 19 4.15 Compliance with Equal Opportunity Ordinance 19 4.16 Minority and Women Business Enterprises 19 4.17 Non-Discrimination 20 4.18 Drug Abuse Detection and Deterrence 20 4.19 Conflicts of Interest 21 4.22 Airport Security 21 4.23 Environmental Laws 21 4.27 Safety 22 4.28 Pay or Play 22
Duties of Broker. Owner authorizes Broker to present the Property, whether improved or vacant, to the prospect listed in Paragraph 5, below.
