Duties of the Representative. The Representative hereby accepts his obligations under this Agreement. The Representative shall have only the duties expressly stated in this Agreement, and shall have no other duty, express or implied. The Representative is not, by virtue of serving as Representative, a fiduciary of the Sellers or any other Person. The Representative, in his capacity as such, has no personal responsibility or liability for any representation, warranty or covenant of any Seller.
Duties of the Representative. The Representative shall have only the duties expressly stated in the Transaction Documents, and shall have no other duty, express or implied. The Representative is not, by virtue of serving as Representative, a fiduciary of Blocker Seller, any Designated Unitholders or any other Person. The Representative, in its capacity as such, has no personal responsibility or Liability for any representation, warranty or covenant of the Company or any other Person. The Representative shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement.
Duties of the Representative. The Representative agrees at all times to:
(a) Use his/her best endeavours to promote and extend sales of the products to all potential buyers and to work diligently to obtain orders for the products.
(b) To work their business consistently to reach their desired monthly/quarterly targets.
(c) Be appropriately attired and presented in a businesslike manner whilst representing Amazing Scents.
(d) To promptly submit all orders for the products using Amazing Scents web based ordering system.
(e) To observe all directions and instruction given by Amazing Scents in relation to the sale, distribution and usage of the products and to act in such way as is reasonably considered to be most beneficial to the interests of Amazing Scents.
(f) Not to offer the product for sale at any price other than that price fixed by Amazing Scents at the time of supply.
(g) Not to represent to any person/organisation that in its relationship with Amazing Scents it is anything other than a Representative of Amazing Scents products.
(h) Not to incur any liability on behalf of Amazing Scents or in any way pledge its credit or make any contract purporting to bind the company.
(i) Amazing Scents owns all intellectual property used in the operation of their business. Use of this property without consent of Amazing scents will be seen as breach of Amazing Scents intellectual property and be legally treated as such.
(j) To safeguard the commercial rights of Amazing Scents and immediately bring any improper or wrongful use of its patents, trademarks, emblems, designs, models or other similar industrial or commercial rights to the attention of Amazing Scents and to use every effort to safeguard the interest of Amazing Scents.
Duties of the Representative. The Representative shall act in accordance with, and shall be entitled to rely upon, joint written instructions provided in accordance with Section 12.03 herein. The Representative shall have the duty to act with a degree of care that a reasonably prudent person acting as a representative would give in similar circumstances. The Representative shall have no duty or obligation hereunder other than to take such specific actions as are required of it from time to time under the provisions hereof, and it shall incur no liability hereunder or in connection herewith for anything whatsoever other than as a result of its own gross negligence or willful misconduct.
Duties of the Representative. The Representative:
(a) shall devote such time and effort as is reasonably necessary to solicit and promote the sales of Products to customers in the Territory;
(b) shall conduct all of its business in its own name and in such manner as it sees fit, pay all expenses of its offices and activities, and be responsible for the acts and expenses of its employees;
(c) shall not, without the Company’s prior approval, accept, alter, enlarge, or limit Orders, make representations or guarantees concerning any Product or accept the return of, or make any allowance for, any Product; and
(d) shall not use or disclose any Confidential Information of the Company except to the extent necessary to perform its duties under this Agreement. For purposes of this Agreement, “Confidential Information” means all confidential or proprietary information regarding the Company or the Products not already in the public domain and not previously known to the Representative.
Duties of the Representative. 1.1 Where the Representative is a partnership, it cannot provide financial product advice or services except through a Sub-Authorised Representative appointed by the Licensee.
Duties of the Representative. (a) The Trust hereby appoints the Representative as the Trust’s agent and attorney-in-fact solely with respect to interacting with the Cash Custodian, the Gold Custodian, the Administrator, the Trustee, the Index Calculation Agent, and other third-party service providers to the Trust (each, a “Service Provider”) for the purpose of effecting monthly rebalances of the Trust assets on a Rebalance Date, and effecting Creations, Redemptions, sales and other transactions in Trust Interests and the Representative hereby accepts such appointment, subject to Section 1(b). The Representative shall have the authority, on behalf of, and in the name of, the Trust, to the extent specified herein and described in the Registration Statement, to make purchases and sales of Physical Gold as needed in order to track the performance of the Index.
(b) The Representative shall, bearing in mind the best interests of the Trust at all times, fully and faithfully discharge all of its obligations, duties and responsibilities pursuant to this Agreement with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person rendering services as an investment manager and familiar with such matters would use (the “Standard of Care”). The Representative shall act in conformity with the Trust Agreement, the Registration Statement, and the instructions and directions of the Trust. The Representative’s directions from the Trust on each Rebalance Date and on any date on which the Representative is effecting Creation, Redemptions, and other transactions in the Trust interests shall be based on Index calculations and Trust holdings as communicated by the Index Calculation Agent and the Administrator to the Trust (the “Instructions”). The Representative shall comply in all material respects with applicable laws (the “Laws”) in discharging its obligations in this Agreement.
(c) The Assets of the Trust will be held by the Cash Custodian and the Gold Custodian, as the case may be. The Representative is not authorized to have actual or constructive custody of any Assets of the Trust. In connection with any of the foregoing, the Representative is further authorized to transfer or tender for cash such Assets. In all such purchases, sales or trades, each of the Trust and the Sponsor authorizes the Representative to act for the Trust, and at its risk, and in its name and on its behalf, in the same manner and with the same force and effect as the Trust might or could...
Duties of the Representative. A. The Representative hereby undertakes with The Principal that the Representative will at all times during the continuance of this Agreement observe and perform the terms and conditions set out in this Agreement and use its best endeavors to: Provide services to the customers in the [agents and other locations] and in doing so shall bring to the notice of the customers the [General terms and conditions of Services of The Principal] Promote, develop and extend sales of the Services throughout the territory Generally to do all such other acts as may be in the best interests of The Principal and conducive to the performance of the duties and obligations imposed on The Representative by this Agreement. Conduct its business in accordance with the highest business standards not to perform any act which will or may reflect adversely upon the business integrity or goodwill of The Principal; Offer the Services at locations and during the business hours (Annexure II). Transmit to The Principal through web, details of all money transfers originated by The Representative or through it (and any messages sent therewith) within one [24] hours of time these are presented by the customer. To exercise “Know Your Customer” (KYC) policy and observe all the laws and regulations of the country where The Representative/Sub Representative resides and other countries to which or from where the customer orders are received or executed. The Representative and sub Representatives shall be solely responsible for violation of the laws and regulations of the Territory and of the locations from where the transfers of monies are initiated. Promptly bring to the notice of The Principal any information received by it which is likely to be of interest, use or benefit to The Principal in relation to the marketing of the Services. Keep full proper and up to date books of account and records showing clearly all inquiries transactions and proceeds relating to the Services and will allow authorized representatives of The Principal to have reasonable access to the said books and records and take such copies as may be required; Maintain a facility and capable staff of personnel at its location(s) at a level sufficient to represent the best interest of The Principal in the Territory; Notify The Principal reasonably in advance of any change in ownership or control of the business of The Representative, giving full particulars of the circumstances. To maintain at all times the authorizations and lice...
Duties of the Representative. The Representative will perform the following duties on an exclusive, full-time, best efforts basis for the Franchisor:
Duties of the Representative. Promote one or more of the range of courses offered by Alpine French School with the appropriate and relevant accommodation and other services. • Ensure to the best of his/her knowledge that the information provided to potential or actual clients is correct and reflects faithfully the information provided by Alpine French School. • Advise students that acceptance of his/her application shall be at the discretion of Alpine French School, which reserves the right to accept or refuse any prospective student. The Representative shall have no authority to contractually bind Alpine French School to any student, organization or entity. The Representative shall not indicate to any prospective students that the Representative has the authority to, in any way, legally bind Alpine French School. • Invoice and collect fees from the clients they recruit and arrange the relevant payment based upon the yearly published rates charged by Alpine French School. Bank charges should be covered by the Agent so Alpine French School receives the exact net fee agreed as per invoice. Payments should be received no later than 2 weeks prior to the start of the student's course. Proof of payments must be sent by email to help Alpine French School allocate payments and confirm students' places. • Where programme fees are net, the Representative may add on a fee for the Representative’s costs incurred in processing all applications, paperwork and travel arrangements for prospective student. The Representative agrees that any such fee shall be reasonable and in keeping with the standards of his/her market. • Where programme fees include commission, the Representative may deduct any and all commission payments to which the representative is entitled from payments collected.
