E of this Agreement Sample Clauses

E of this Agreement. Neither the Company nor Underwriter shall authorize any other person (as principal underwriter or otherwise) to engage in wholesaling or distribution activities with respect to the Contracts or to recruit business firms to engage in wholesaling or distribution activities with respect to the Contracts (other than business firms recommended by the Distributor pursuant to Section 3 of this Agreement) without the Distributor's prior written consent, nor shall the Company or Underwriter separately engage in wholesaling or distribution activities relating to the Contracts. The Company shall design the Contracts, subject to consultation with the Distributor and subject to the Distributors's right to refuse to engage in wholesaling activities with respect to a class of Contracts that the Distributor reasonably determines to be unattractive from a marketing or business perspective. The Contracts shall be issued by the Company and the variable portion thereof shall be supported by the Accounts. The Company alone shall be responsible for filing the initial Registration Statements and any amendments thereto with the SEC in accordance with the 1933 Act, 1934 Act, 1940 Act and the Regulations to register interests in each class of Contracts. The Company will not make any amendment or rider to the Contracts or a class of Contracts, or file a Registration Statement, or make an amendment to a Registration Statement or supplement to a Prospectus, without the Distributor having been given the opportunity to review any such filing, amendment, rider or supplement. However, such opportunity to review shall not make the Distributor responsible for the content of any such filing, amendment, rider or supplement; the Company alone shall be responsible for such content. Each Company shall register its Accounts with the SEC. The subaccounts of each Account available under the Contracts or a class of Contracts are listed on Schedule 3 to this Agreement, as amended from time to time. All amounts available under the Contracts shall be invested only in the Fund (through the Account(s) supporting the Contracts) and/or allocated to the Company's general account, provided that such amounts may also be invested in an investment company or investment vehicle other than the Fund if: (1) such other investment company is advised by the Fund's investment adviser; (2) the Fund and/or Distributor, in their sole discretion, consents to the use of such other investment company or investment vehicle; ...
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E of this Agreement. The Company may terminate this Agreement immediately and without prior notice if Consultant refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement.
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E of this Agreement. Seton Medical Center shall further assure that all such subcontracts entered into from the effective date of this Agreement shall require that the subcontractor: (a) make all applicable books and records relative to the subcontract available at all reasonable times for inspection, examination, or copying by the County, all applicable state and federal agencies, and self regulatory agencies; and (b) retain such books and records for a term of five (5) years from the close of the state’s fiscal year in which the subcontract became effective.
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Related to E of this Agreement

  • Scope of this Agreement 2.1. This Agreement, including Parts A through L, Tables One and Two and exhibits, specifies the rights and obligations of each Party with respect to the establishment, purchase, and sale of Local Interconnection, Collocation, resale of Telecommunications Services and Unbundled Network Elements. Certain terms used in this Agreement shall have the meanings defined in PART A – DEFINITIONS, or as otherwise elsewhere defined throughout this Agreement. Other terms used but not defined in this Agreement will have the meanings ascribed to them in the Act and in the FCC’s and the Commission’s rules, regulations and orders. PART B sets forth the general terms and conditions governing this Agreement. The remaining Parts set forth, among other things, descriptions of the services, pricing, technical and business requirements, and physical and network security requirements.

  • of this Agreement If the State elects to accept the defective or nonconforming Work, a Change Order will be issued to reflect a reduction in the Contract Sum. The Architect will recommend to the State the value of diminishment of the defective or nonconforming Work. Such adjustment shall be effected whether or not final payment has been made.

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

  • Duration of this Agreement The Term of this Agreement shall be as specified in Schedule A hereto.

  • PURPOSE OF THIS AGREEMENT 2.1 To comply with the provisions of Section 57(1)(b),(4B) and (5) of the Systems Act as well as the Contract of Employment entered into between the Parties;

  • Term of this Agreement The term of this Agreement shall continue in effect, unless earlier terminated by either party hereto as provided hereunder, for a period of two years. Thereafter, unless otherwise terminated as provided herein, this Agreement shall be renewed automatically for successive one-year periods. This Agreement may be terminated without penalty: (i) by provision of sixty (60) days' written notice; (ii) by mutual agreement of the parties; or (iii) for "cause" (as defined herein) upon the provision of thirty (30) days' advance written notice by the party alleging cause.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Terms of this Agreement The Parties acknowledge that this Agreement and all of the respective terms of this Agreement shall be treated as Confidential Information of both Parties.

  • Performance of this Agreement Buyer shall have duly performed or complied with all of the obligations to be performed or complied with by it under the terms of this Agreement on or prior to the Closing Date.

  • Termination of this Agreement (a) The Representative shall have the right to terminate this Agreement by giving notice to the Company as hereinafter specified at any time at or prior to the Closing Date or any Option Closing Date (as to the Option Shares to be purchased on such Option Closing Date only), if in the discretion of the Representative, (i) there has occurred any material adverse change in the securities markets or any event, act or occurrence that has materially disrupted, or in the opinion of the Representative, will in the future materially disrupt, the securities markets or there shall be such a material adverse change in general financial, political or economic conditions or the effect of international conditions on the financial markets in the United States is such as to make it, in the judgment of the Representative, inadvisable or impracticable to market the Shares or enforce contracts for the sale of the Shares (ii) trading in the Company’s Common Stock shall have been suspended by the Commission or Nasdaq or trading in securities generally on the Nasdaq Stock Market, the NYSE or the NYSE MKT shall have been suspended, (iii) minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required, on the Nasdaq Stock Market, the NYSE or NYSE American, by such exchange or by order of the Commission or any other governmental authority having jurisdiction, (iv) a banking moratorium shall have been declared by federal or state authorities, (v) there shall have occurred any attack on, outbreak or escalation of hostilities or act of terrorism involving the United States any declaration by the United States of a national emergency or war, any substantial change or development involving a prospective substantial change in United States or other international political, financial or economic conditions or any other calamity or crisis, or (vi) the Company suffers any loss by strike, fire, flood, earthquake, accident or other calamity, whether or not covered by insurance, or (vii) in the judgment of the Representative, there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Registration Statement, the Time of Sale Disclosure Package or the Final Prospectus, any material adverse change in the assets, properties, condition, financial or otherwise, or in the results of operations, business affairs or business prospects of the Company, whether or not arising in the ordinary course of business. Any such termination shall be without liability of any party to any other party except that the provisions of Section 5(a)(viii) and Section 7 hereof shall at all times be effective and shall survive such termination.

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