Duties of the Service Provider. The Service Provider shall provide the Company, the Borrower and the Subsidiaries with business, finance and organizational strategy, advisory, consulting and other services as mutually agreed from time to time by the Company and the Service Provider (collectively, the “Services”) related to the business of the Company, the Borrowers and the Subsidiaries. The Services will be provided at such times and places as may mutually be agreed from time to time by the Company and Service Provider.
Duties of the Service Provider. (a) Effective as of the date hereof, the Company hereby retains and appoints the Service Provider to perform the services set forth on Schedule A hereto (the “Services”), and the Service Provider hereby accepts such appointment, all subject to the terms and conditions hereinafter set forth. The Service Provider shall devote such time and resources to the performance of the Services hereunder as it shall determine to be reasonably necessary to fully perform its obligations hereunder. This Agreement provides no authority for Service Provider to bind the Company or any of its Affiliates to any agreement, arrangement or other action. In all instances, Service Provider shall bring any potential written agreement underlying any Service to the Company for discussion with, and approval by, the Company.
(b) It is understood and agreed that the Service Provider may retain third-party service providers (including its Affiliates) to provide some or all of the Services to the Company. The Service Provider shall in all cases retain responsibility for the provision to the Company of the Services to be performed by any third-party service provider or subcontractor or by any of the Service Provider’s Affiliates.
Duties of the Service Provider. The Service Provider shall, to the extent requested by Stronghold in writing, consult with Stronghold on the matters outlined on Exhibit A.
Duties of the Service Provider. The Service Provider Affiliates shall provide the Company with services as the Company may reasonably request from time to time including the Business Services, Sales Services and the other services set forth on Exhibit A attached hereto (collectively, the “Management Services”). The Service Provider will perform or cause to be performed Management Services in a professional manner and in compliance with all applicable laws, rules and regulations. The Service Provider shall perform the Management Services at the times and places reasonably requested by the Company to meet the needs and requirements of the Company, taking into account other engagements that the Service Provider may have.
Duties of the Service Provider. (a) The Company, on its own behalf, and in its capacity as general partner of the Operating Partnership, hereby retains and appoints the Service Provider to perform the services set forth on Schedule A hereto (the “Services”), and the Service Provider hereby accepts such appointment, all subject to the terms and conditions hereinafter set forth. The Service Provider shall devote such time and resources to the performance of the Services hereunder as it shall determine to be reasonably necessary.
(b) It is understood and agreed that the Service Provider may retain, third-party service providers (including its Affiliates) to provide some or all of the Services to the Recipients. The Service Provider shall in all cases retain responsibility for the provision to the Recipients of Services to be performed by any third-party service provider or subcontractor or by any of the Service Provider’s Affiliates.
Duties of the Service Provider. (a) The Service Provider agrees to act as agent of the Trust in connection with the review and processing of all orders for purchases and redemptions of Baskets of the Shares from DTC Participants or participants in the Continuous Net Settlement System of the National Securities Clearing Corporation (the “NSCC Participants”) that have executed a Participant Agreement (the “Authorized Participants”), as defined in paragraph 3(b) hereof, with the Sponsor and Transfer Agent in accordance with the Registration Statement and Prospectus; provided, however, that nothing herein shall affect or limit the right and ability of the Sponsor or its delegates to accept bitcoin and/or cash and the related Balancing Amount through or outside the Clearing Process, and as provided in and in accordance with the Registration Statement and Prospectus. The Trust acknowledges that the Service Provider shall not be obligated to approve any certain number of orders for Baskets and nothing herein contained shall prevent the Service Provider from entering into similar arrangements with other trusts or investment vehicles.
(b) The Service Provider agrees to use commercially reasonable efforts to act as agent of the Trust with respect to the continuous offering of Baskets of Shares as set forth in the Registration Statement and in accordance with the provisions thereof. The Service Provider further agrees as follows: (i) at the request of the Trust, the Service Provider shall facilitate the process of the Sponsor and Transfer Agent entering into dealer participant agreements (“Participant Agreements”) between and among Authorized Participants, the Sponsor and the Transfer Agent, for the purchase and redemption of Baskets of the Shares, in accordance with the Registration Statement and Prospectus; (ii) the Service Provider shall deliver copies of the Prospectus, included in the Registration Statement, to purchasers of such Baskets; and (iii) the Service Provider shall maintain telephonic, facsimile and/or access to direct computer communications links with the Transfer Agent.
(c) All activities by the Service Provider and its agents and employees in connection with the purchase and redemption of Baskets shall comply with the Registration Statement and Prospectus, the instructions of the Sponsor, the Amended and Restated Declaration of Trust and Trust Agreement,, and all applicable laws, rules and regulations including, without limitation, all rules and regulations made or adopted pursua...
Duties of the Service Provider. (a) The Service Provider shall provide the Company and its subsidiaries with the Services at such times and places as may be mutually acceptable to the Service Provider and the Company.
(b) Notwithstanding anything in the foregoing to the contrary, the following services are specifically excluded from the definition of “Services”:
Duties of the Service Provider. 10.1. The Service Provider shall perform the Services according to best practices and with the requisite skills, expertise and knowledge.
10.2. The Service Provider shall ensure that all Services conform to all the Specifications and render the Services strictly in accordance with the Service Level Schedule annexed hereto as Annexure “B”.
10.3. The Service Provider shall make itself available to attend meetings called by the Head Office, District Office and/or Principal and provide any feedback and/or information requested during those meetings.
10.4. The Service Provider shall provide reports to the WCED as requested by the WCED in writing.
10.5. The Service Provider shall ensure that it provides the Principal with the Code of Conduct by the Commencement Date, which may not exclude any of the provisions contained in the pro forma Code of Conduct annexed to the Bid Documents.
Duties of the Service Provider. 2.1 In consideration of the Company’s payment of the Service Provider’s remuneration, the Service Provider agrees to perform the duties and responsibilities outlined in this Agreement in accordance with the general directions of the Chairman, Chief Executive Officer and officers of the Company.
2.2 The Service Provider will perform the following services (the “Services”):
(a) develop and maintain professional relationships for the Company which will allow the Company to effectively communicate with potential acquisition targets including but not limited to natural gas and crude oil producing properties.
(b) assist in the locating and presenting of oil and gas exploration targets, lands, projects, partnering, etc, whether by email or web-links, through existing or new relationships, or by any other means; and
(c) such other similar services that the Company and the Service Provider may mutually agree upon from time to time.
2.3 The Service Provider covenants that all Services provided pursuant to this Agreement will adhere to relevant securities legislation, regulations and policies of all appropriate and relevant regulatory Bodies.
2.4 The Service Provider acknowledges that flexibility is required with regards to the duties assigned from time to time. The Service Provider agrees that duties may be modified by the Company from time to time and that changes in the Service Provider’s assigned duties shall not constitute constructive dismissal hereunder, further, the execution of those new duties may and can generate increased monthly fees or one-time “a-xx-xxxxx” duties outside the scope of this document as agreed to by both parties.
Duties of the Service Provider. 3.1 The Services and Service Levels are set out in Annexure A (Services) and Annexure C (Service Levels), respectively.
3.2 Commencing on the Effective Date, the Services will be performed remotely by the Service Provider during Service Hours in accordance with the Service Levels in Annexure C.
3.3 The Service Provider will use adequate numbers of appropriately skilled, qualified and experienced personnel, and all equipment, assets and other resources necessary to provide the Services in accordance with the Service Levels. The Service Provider will per form the Services to its best efforts and abilities.
3.4 If the changing requirements of the Services or the Parties necessitate a change in the Services, this will be dealt with in terms of a Change Order as stipulated in Annexure B.
3.5 The Service Provider will liaise or cooperate with the Customer or Affiliates and Subsidiaries’ personnel or other contractors where necessary for performance of the Services. The Customer will procure the cooperation of its personnel and other contractors in their interactions with the Service Provider.
3.6 The list of duties is not limited to the duties the Service Provider may provide to the Customer, and the Parties may agree to extend the duties from time to time, in writing, based on the terms and conditions of this Agreement.
3.7 The Service Provider will perform the Services in a completely independent manner and under its sole responsibility.
3.8 The Service Provider cannot commit, or otherwise bind the Customer unless specifically authorised by the Customer. The Service Provider expressly undertakes that it will never act or consider itself as an employee or agent of the Customer. The Customer will never exert over the Service Provider any part of authority, which an employer is normally vested with.
3.9 The Supplier will not be liable for any third party licenses and the Customer will be responsible to make sure that they comply with any requirements in terms of any third party licenses.
