Establishment of contract Sample Clauses

Establishment of contract. 2.1 The Employer hereby employs the Employee on a fixed term contract and the Employee hereby accepts employment as Municipal Manager, subject to the terms and conditions contained in this contract and subject to the Local Government: Municipal Systems Act, 2000 and the Municipal Finance Management Act, 2003. The main duties that the Employee will be expected to perform are contained in section 55 of the Municipal Systems Act, 2000, as well as those contained in the Municipal Finance Management Act, 2003, both of which the Employer and Employee will further refine during the signing of an annual Performance Agreement. 2.2 The employment of the Employee with the Employer commences on ………………………………………, regardless of the date of signing this contract and terminates on The employment period may be reduced to comply with Section 57(6)(a) of the Municipal Systems Act, 2000, if this becomes necessary and the Employee shall under those circumstances not be entitled to a new contract to cover the period so lost. 2.3 It is specifically recorded that there is no expectation that this agreement will be renewed or extended beyond the term referred to in clause 2.2. The Employer’s decision not to renew or extend the contract shall not constitute an unfair dismissal and the Employee shall not be entitled to any form of compensation. 2.4 The Employee’s employment is further subject to compliance with the following terms: 2.4.1 The signing of a Performance Agreement within ninety (90) days after assumption of duty and annually within one (1) month after the commencement of the new financial year as provided for in Appendix A. 2.4.2 The submission of original certificates, or certified copies, of his/her academic and professional qualifications and proof of previous employment prior to date of assumption of duty. 2.4.3 The Code of Conduct as stipulated in Schedule 2 of the Municipal Systems Act, 2000 (Appendix B). 2.4.4 The disclosure of financial interests on the date of assumption of duty and on an annual basis within one (1) month after the commencement of the financial year, which shall be lodged with the Municipal Council. (The relevant form, Appendix C, is attached for completion and submission as indicated.)
Sample 1
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Establishment of contract. ① The "Mall" may not accept the following application for the same purchase application as the Article 9. However, in the case of a contract with a minor, if the legal representative does not obtain the consent, the minor or the legal representative must notify them that the contract can be canceled. 1. If there is false information, omissions, 2. If a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol 3. In the event that the acceptance of the other purchase application is judged to be significantly impeded by the "mall" technology ② The consent of the "Mall" shall be deemed to have been established at the time when the consent of the "Mall" reaches the user in the form of acknowledgment notification in Article 12 (1). ③ The expression of acceptance of the "Mall" should include information on whether the user can confirm the purchase, whether it is available for sale, and cancellation of the purchase order.
Sample 1
Establishment of contract. 1.1 The entering into contracts between the Customer and JAKOB Management Training & Consulting GmbH (hereinafter referred to as “JAKOB”) for the services to be mutually provided as well as all modifications of and amendments thereto shall be valid only when made in writing. 1.2 In addition to the agreements defined in the contract/offer, our current general terms and conditions apply. If the contract/offer contains deviating formulations from our general terms and conditions, those in the contract/offer are binding. 1.3 These General Terms and Conditions of Business shall prevail over general terms and conditions of the Customer.
Sample 1
Establishment of contract. The employer hereby employs the employee who hereby accepts employment subject to the terms and conditions contained in this contract.
Sample 1
Establishment of contract. 4.1 The agreement will be established after the written statement from the stevedore to the other party has been confirmed by the latter in writing, signed and returned to the stevedore, all this within the relevant deadline set by the stevedore. 4.2 a. The offers made by the stevedore are non-binding and may be revoked at any time, even if they contain a deadline for acceptance
Sample 1
Establishment of contract. 4.1 The Employer hereby employs the Employee on a fixed term contract and the Employee hereby accepts employment as STRATEGIC EXECUTIVE DIRECTOR:, subject to: 4.1.1 the terms and conditions as contained in this contract; 4.1.2 Consistency with the Municipality Systems act; 4.1.3 Any Regulations as may be prescribed that are applicable to managers directly accountable to municipal managers; and 4.1.4 Any other applicable labour legislation. 4.2 The employment of the Employee with the Employer commences on 01-September, 2013 and terminates on 31 –August-2018. 4.3 This employment contract must be signed by both parties before the commencement of service as stipulated in Section 57 (3) (b) of the Municipal Systems Act. 4.4 It is specifically recorded that there is no expectation that this agreement will be renewed or extended beyond the period referred to in clause 4.2 above. 4.5 It is specifically recorded and agreed that this Agreement replaces and supersedes any agreement of employment and any remuneration, benefits, and conditions of service, which the employee may have been entitled to previously pursuant to an Employment Contract with the Municipality. 4.6 The employee must attend the City’s official induction programme for section 57 employees. 4.7 The Employee’s employment is further subject to compliance with the following: 4.7.1 The signing of a Performance Agreement within sixty (60) days after assumption of duty and annually within one (1) month after the commencement of the new financial year; 4.7.2 The submission of original certificates, or certified copies, of his/her academic and professional qualifications and proof of previous employment prior to date of assumption of duty; 4.7.3 The Code of Conduct as stipulated in Schedule 2 of the 4.7.4 The disclosure of financial interests on the date of assumption of duty and on an annual basis within one (1) month after the commencement of the financial year, which shall be lodged with the Municipal Council. (The relevant form, Annexure A, is attached for completion and submission as indicated.) 4.8 The following is further incorporated into the contract: 4.8.1 Job description relevant to the post referred to in paragraph 4.1 hereof;
Sample 1
Establishment of contract. 2.1 The Employer hereby employs the Employee on a five year fixed term contract and the Employee hereby accepts employment as Chief Financial Officer, subject to the terms and conditions contained in this contract and subject to the Local Government: Municipal Systems Act, 2000 and the Municipal Finance Management Act, 2003, the Local Government: Municipal Performance Regulations, 2006, and any other legislation relevant and applicable to local government in particular, and employment relations in general. The main duties that the Employee will be expected to perform are contained in the Municipal Finance Management Act, 2003, as well as of the Municipal Systems Act, 2000, both of which the Employer and Employee will further refine during the signing of an annual Performance Agreement. 2.2 The employment of the Employee with the Employer commences on 11th June 2007, regardless of the date of signing this contract and terminates on 31st May 2012. 2.3 It is specifically recorded that there is no expectation that this agreement will be renewed or extended beyond the term referred to in clause 2.2. The Employer’s decision not to renew or extend the contract shall not constitute an unfair dismissal and the Employee shall not be entitled to any form of compensation. 2.4 The Employee’s employment is further subject to compliance with the following terms: 2.4.1 The signing of a Performance Agreement within ninety (90) days after assumption of duty and annually within thirty (30) days after the commencement of the new financial year as provided for in Appendix A. 2.4.2 A probationary period of twelve (12) months. 2.4.3 The submission of original certificates of his/her academic and professional qualifications and proof of previous employment prior to or on date of assumption of duty. 2.4.4 The Code of Conduct as stipulated in Schedule 2 of the Municipal Systems Act, 2000 (Appendix B). 2.4.5 The disclosure of financial interests on an annual basis, which shall be lodged with the Municipal Manager. (The relevant form, Appendix C, is attached for completion and submission on date of assumption of duty.)
Sample 1
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Related to Establishment of contract

  • Establishment of Plan Employer hereby establishes this Deferred Compensation Plan which shall become effective as of the date selected by Employer. The Plan shall be maintained for the exclusive benefit of Employee.

  • Establishment of Account (a) The Fund hereby appoints the Custodian as the custodian of all Securities and cash at any time delivered to the Custodian to be held under this Agreement. The Custodian hereby accepts such appointment and agrees to establish and maintain one or more accounts for each Series in which the Custodian will hold Securities and cash as provided herein. Such accounts (each, an “Account,” and collectively, the “Accounts”) shall be in the name of the Fund and Series, if any. (b) The Custodian may from time to time establish on its books and records such sub-accounts within each Account as the Fund and the Custodian may agree upon (each a “Special Account”), and the Custodian shall reflect therein such assets as the Fund may specify in Instructions. (c) The Custodian may from time to time establish pursuant to a written agreement with and for the benefit of a broker, dealer, future commission merchant or other third party identified in Instructions such accounts on such terms and conditions as the Fund and the Custodian shall agree, and the Custodian shall transfer to such account such Securities and money as the Fund may specify in Instructions.

  • Establishment of Series Subject to the provisions of this Agreement, the Managing Member may, at any time and from time to time and in compliance with paragraph (c), cause the Company to establish in writing (each, a Series Designation) one or more series as such term is used under Section 18-215 of the Delaware Act (each a Series). The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Managing Member, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of such Interests of such Series remain Outstanding.

  • Establishment of Accounts (a) The Servicer shall establish and maintain an Eligible Account with the Securities Intermediary in the name of the Indenture Trustee for the benefit of (i) the Securityholders (the “Collection Account”), (ii) the Noteholders (the “Note Distribution Account”), (iii) the Securityholders (the “Reserve Fund”) and (iv) the Securityholders (the “Yield Supplement Account”), in each case, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the related Securityholders. Except as otherwise provided in this Agreement, in the event that the Indenture Trustee is no longer an Eligible Institution, the Servicer shall, with the assistance of the Indenture Trustee as necessary, cause the Accounts to be moved to an Eligible Institution. (b) To the extent permitted by applicable laws, rules and regulations, all amounts held in the Collection Account, the Reserve Fund and the Yield Supplement Account shall be either invested by the Securities Intermediary in Eligible Investments selected in writing by the Servicer or maintained in cash. No amounts held in the Note Distribution Account will be invested. Earnings on investment of funds in the Collection Account (net of losses and investment expenses) shall be paid to the Servicer as part of the Supplemental Servicing Fee and any losses and investment expenses shall be charged against the funds on deposit in the related Account. (i) Except as otherwise provided in Section 4.01(b), the Indenture Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Accounts and in all proceeds thereof (including all income thereon) and all such funds, investments, proceeds and income shall be part of the Owner Trust Estate. The Accounts shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders or the Securityholders, as the case may be. (ii) Notwithstanding anything else contained herein, the Servicer agrees that the Reserve Fund, the Yield Supplement Account and the Collection Account will be established only with an Eligible Institution which agrees substantially as follows: (A) it will comply with Entitlement Orders related to such account issued by the Indenture Trustee without further consent by the Servicer or Issuer; (B) until termination of this Agreement, it will not enter into any other agreement related to such account pursuant to which it agrees to comply with Entitlement Orders of any Person other than the Indenture Trustee; (C) all Account Property delivered or credited to it in connection with such account and all proceeds thereof will be promptly credited to such account; (D) it will treat all Account Property as Financial Assets; and (E) all Account Property will be physically delivered (accompanied by any required endorsements) to, or credited to an account in the name of, the Eligible Institution maintaining the related Account in accordance with such Eligible Institution’s customary procedures such that such Eligible Institution establishes a Security Entitlement in favor of the Indenture Trustee with respect thereto over which the Indenture Trustee (or such other Eligible Institution) has Control. (iii) The Servicer shall have the power, revocable by the Indenture Trustee or by the Owner Trustee with the consent of the Indenture Trustee, to instruct the Indenture Trustee to make withdrawals and payments from the Accounts for the purpose of permitting the Servicer or the Owner Trustee to carry out its respective duties hereunder or under the Trust Agreement or permitting the Indenture Trustee to carry out its duties under the Indenture.

  • Establishment of Service 6.1 After receiving certification as a local exchange company from the appropriate regulatory agency, <<customer_name>> will provide the appropriate BellSouth service center the necessary documentation to enable BellSouth to establish a master account for <<customer_name>>’s resold services. Such documentation shall include the Application for Master Account, proof of authority to provide telecommunications services, an Operating Company Number ("OCN") assigned by the National Exchange Carriers Association ("NECA") and a tax exemption certificate, if applicable. When necessary deposit requirements are met, as described in Section 6.6 below, BellSouth will begin taking orders for the resale of service. 6.2 Service orders will be in a standard format designated by BellSouth. 6.3 <<customer_name>> shall provide to BellSouth a blanket letter of authorization ("LOA") certifying that <<customer_name>> will have End User authorization prior to viewing the End User's customer service record or switching the End User's service. BellSouth will not require End User confirmation prior to establishing service for <<customer_name>>’s End User customer. <<customer_name>> must, however, be able to demonstrate End User authorization upon request. 6.4 BellSouth will accept a request directly from the End User for conversion of the End User's service from <<customer_name>> to BellSouth or will accept a request from another CLEC for conversion of the End User's service from <<customer_name>> to such other CLEC. Upon completion of the conversion BellSouth will notify <<customer_name>> that such conversion has been completed. 6.5 If BellSouth is informed that an unauthorized change in local service to <<customer_name>> has occurred, BellSouth will reestablish service with the appropriate local service provider and will assess <<customer_name>> as the CLEC initiating the alleged unauthorized change, the unauthorized change charge described in FCC Tariff No. 1, Section 13 or applicable state tariff. Appropriate nonrecurring charges, as set forth in Section A4 of the General Subscriber Service Tariff, will also be assessed to <<customer_name>>. In accordance with FCC Slamming Liability Rules, the relevant governmental agency will determine if an unauthorized change has occurred. Resolution of all relevant issues shall be handled directly with the authorized CLEC and <<customer_name>>. 6.6 BellSouth reserves the right to secure the account with a suitable form of security deposit, unless satisfactory credit has already been established. 6.6.1 Such security deposit shall take the form of cash for cash equivalent, an irrevocable Letter of Credit or other forms of security acceptable to BellSouth. Any such security deposit may be held during the continuance of the service as security for the payment of any and all amounts accruing for the service. 6.6.2 If a security deposit is required, such security deposit shall be made prior to the inauguration of service. 6.6.3 Such security deposit shall be two months' estimated billing. 6.6.4 The fact that a security deposit has been made in no way relieves <<customer_name>> from complying with BellSouth's regulations as to advance payments and the prompt payment of bills on presentation nor does it constitute a waiver or modification of the regular practices of BellSouth providing for the discontinuance of service for non-payment of any sums due BellSouth. 6.6.5 BellSouth reserves the right to increase the security deposit requirements when, in its reasonable judgment, changes in <<customer_name>>'s financial status so warrant and/or gross monthly billing has increased beyond the level initially used to determine the security deposit. 6.6.6 In the event service to <<customer_name>> is terminated due to <<customer_name>>'s default on its account, any security deposits held will be applied to <<customer_name>>'s account. 6.6.7 Interest on a cash or cash equivalent security deposit shall accrue and be paid in accordance with the terms in the appropriate BellSouth tariff.

  • Establishment of Fund The Grantor and the Trustee hereby establish a trust fund (the Fund), for the benefit of the Agency. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as a standby to receive payments and shall not consist of any property. Payments made by the Grantor pursuant to the Agency’s instructions are transferred to the Trustee and referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST for the benefit of the Agency, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Agency.

  • Establishment of Portfolios and Classes (a) The Trust shall consist of one or more separate and distinct Portfolios, each with an unlimited number of Shares unless otherwise specified. The Trustees hereby establish and designate the Portfolios listed on Schedule A attached hereto and made a part hereof ("Schedule A"). Each additional Portfolio shall be established by the adoption of one or more resolutions by the Trustees. Each such resolution is hereby incorporated herein by this reference and made a part of the Governing Instrument whether or not expressly stated in such resolution, and shall be effective upon the occurrence of both (i) the date stated therein (or, if no such date is stated, upon the date of such adoption) and (ii) the execution of an amendment either to this Agreement or to Schedule A hereto establishing and designating such additional Portfolio or Portfolios. The Shares of each Portfolio shall have the relative rights and preferences provided for herein and such rights and preferences as may be designated by the Trustees in any amendment or modification to the Trust's Governing Instrument. The Trust shall maintain separate and distinct records of each Portfolio and shall hold and account for the assets belonging thereto separately from the other Trust Property and the assets belonging to any other Portfolio. Each Share of a Portfolio shall represent an equal beneficial interest in the net assets belonging to that Portfolio, except to the extent of Class Expenses and other expenses separately allocated to Classes thereof (if any Classes have been established) as permitted herein. (b) The Trustees may establish one or more Classes of Shares of any Portfolio, each with an unlimited number of Shares unless otherwise specified. Each Class so established and designated shall represent a Proportionate Interest (as defined in Section 2.5(d)) in the net assets belonging to that Portfolio and shall have identical voting, dividend, liquidation, and other rights and be subject to the same terms and conditions, except that (1) Class Expenses allocated to a Class for which such expenses were incurred shall be borne solely by that Class, (2) other expenses, costs, charges, and reserves allocated to a Class in accordance with Section 2.5(e) may be borne solely by that Class, provided that the allocation of such other expenses, costs, charges, and reserves is not specifically required to be set forth in a plan adopted by the Trust pursuant to Rule 18f-3 under the Act, (3) dividends declared and payable to a Class pursuant to Section 7.1 shall reflect the items separately allocated thereto pursuant to the preceding clauses, (4) each Class may have separate rights to convert to another Class, exchange rights, and similar rights, each as determined by the Trustees, and (5) subject to Section 2.6(c), each Class may have exclusive voting rights with respect to matters affecting only that Class. The Trustees hereby establish for each Portfolio listed on Schedule A the Classes listed thereon. Each additional Class for any or all Portfolios shall be established by the adoption of one or more resolutions by the Trustees. Each such resolution is hereby incorporated herein by this reference and made a part of the Governing Instrument whether or not expressly stated in such resolution, and shall be effective upon the occurrence of both (i) the date stated therein (or, if no such date is stated, upon the date of such adoption) and (ii) the execution of an amendment to this Agreement establishing and designating such additional Class or Classes.

  • Establishment of Series and Classes The Trust shall consist of one or more Series and Classes and separate and distinct records shall be maintained by the Trust for each Series and Class. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series or Class of the Trust, to establish and designate and to change in any manner any initial or additional Series or Classes and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide or combine the Shares or any Series or Classes into a greater or lesser number, to classify or reclassify any issued Shares or any Series or Classes into one or more Series or Classes of Shares, and to take such other action with respect to the Shares as the Trustees may deem desirable. Unless another time is specified by the Trustees, the establishment and designation of any Series or Class shall be effective upon the adoption of a resolution by the Trustees setting forth such establishment and designation and the preferences, powers, rights and privileges of the Shares of such Series or Class, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of such Series (or Class) including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. The Trust may issue any number of Shares of each Series or Class and need not issue certificates for any Shares. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class of the Trust except as the context otherwise requires. All Shares of each Class of a particular Series shall represent an equal proportionate interest in the assets belonging to that Series (subject to the liabilities belonging to the Series, and, in the case of each Class, to the liabilities belonging to that Class), and each Share of any Class of a particular Series shall be equal to each other Share of that Class; but the provisions of this sentence shall not restrict any distinctions permissible under this Section 2.6.

  • Establishment of Deposit Account The Deposit Account shall be established and maintained pursuant to Section 5.01 of the Sale and Servicing Agreement. The Deposit Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of Noteholders and the Certificateholders, as applicable in accordance with the Sale and Servicing Agreement.

  • Establishment of the Trust The Depositor does hereby establish, pursuant to the further provisions of this Agreement and the laws of the State of New York, an express trust to be known, for convenience, as “Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR5” and does hereby appoint HSBC Bank USA, National Association as Trustee in accordance with the provisions of this Agreement.

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