General Agreements. The parties agree that:
(a) Xxxxxx Xxxxxxx'x Responsibility. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Xxxxxx Xxxxxxx agrees to furnish to the Customer as soon as practicable all of the information from time to time in its possession which Customer may be required to furnish to its limited partners pursuant to its limited partnership agreement and as otherwise required by Applicable Law. Xxxxxx Xxxxxxx shall disclose such information regarding itself and its affiliates (including, without limitation, financial statements) as may be required by the Customer for SEC, CFTC and state blue sky disclosure purposes. Xxxxxx Xxxxxxx agrees to notify the applicable trading advisor for the Customer (each a "Trading Advisor") immediately upon discovery of any error committed by Xxxxxx Xxxxxxx or any of its agents with respect to a trade for the Customer's account which Xxxxxx Xxxxxxx believes was not executed or cleared in accordance with proper instructions given by the Customer, its Trading Advisors or any other authorized agent of Customer. Errors made by floor brokers appointed or selected by Xxxxxx Xxxxxxx shall constitute errors made by Xxxxxx Xxxxxxx. However, Xxxxxx Xxxxxxx shall not be responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx agrees to report to DWR its own errors and the errors of any Trading Advisor for the Account which Xxxxxx Xxxxxxx becomes aware of, provided that such reporting may be via telephone. Notwithstanding the foregoing, the failure to comply with such reporting obligation does not increase Xxxxxx Xxxxxxx'x liability for its own errors beyond that otherwise expressly set forth in this Agreement, nor does it make Xxxxxx Xxxxxxx in any way responsible for errors committed by the Trading Advisors. Xxxxxx Xxxxxxx acknowledges that the other partnerships of which Demeter Management Corporation (the general partner of Customer) is the general partner, do not constitute affiliates of the Customer.
General Agreements. (a) The Borrower agrees to pay the costs of filing financing statements and of conducting searches in connection with this Agreement.
(b) The Borrower agrees to allow the Bank through any of its officers or agents, at all reasonable times, to examine or inspect any of the Collateral and to examine, inspect and make extracts from the Borrower's books and records relating to the Collateral.
(c) The Borrower will promptly pay when due all taxes and assessments upon the Collateral or for its use of operation or upon the proceeds thereof or upon this Agreement or upon any note or other instrument or agreement evidencing any of the Liabilities.
(d) At its option, the Bank may discharge taxes, liens or Security Interests or other encumbrances at any time levied or placed on the Collateral, and may pay for the maintenance and preservation of the Collateral, and the Borrower agrees to reimburse the Bank on demand for any reasonable payment made or any expense incurred by the Bank pursuant to the foregoing authorization, including outside or in-house counsel fees and disbursements incurred or expended by the Bank in connection with this Agreement.
(e) The Borrower hereby authorizes the Bank to file financing statements and any amendments thereto without the signature of the Borrower. Such authorization is limited to the Security Interest granted by this Agreement.
(f) The Borrower agrees that the Bank has the right to notify (on invoices or otherwise) account debtors and other obligors or payors on any Collateral of its assignment to the Bank, and that all payments thereon should be made directly to the Bank, and that the Bank has full power and authority to collect, compromise, endorse, sell or otherwise deal with the Collateral on its own name or that of the Borrower at any time, following the occurrence of an Event of Default.
(g) The Borrower agrees to pay or reimburse the Bank on demand for all reasonable costs and expenses incurred by it in connection with the administration and enforcement of this Agreement and the administration, preservation, protection, collection or realization of any Collateral (including outside or in-house attorneys' fees and expenses).
(h) The Bank shall not be deemed to have waived any of its rights hereunder, or under any other agreement, instrument or paper signed by the Borrower unless such waiver is in writing and signed by the Bank. No delay or omission on the part of the Bank in exercising any right shall operate as a waiver th...
General Agreements. To protect the security of this Mortgage, the Mortgagor further covenants and agrees as follows:
General Agreements. The parties agree that:
(a) Xxxxxx Xxxxxxx’x Responsibility. Xxxxxx Xxxxxxx is not acting as a fiduciary, foundation manager, commodity pool operator, commodity trading advisor or investment adviser in respect of any Account opened by Customer. Xxxxxx Xxxxxxx is not acting hereunder as a municipal advisor within the meaning of Section 975 of the Xxxx-Xxxxx Xxxx Street Reform & Consumer Protection Act. Customer is acting for its own account and has made its own independent decisions to effect transactions in Contracts and as to whether each transaction is prudent or appropriate for it based on Customer’s own judgment and upon advice from such advisors as it has deemed necessary. Customer is solely responsible for any trading decisions including order-routing decisions made by Customer. Xxxxxx Xxxxxxx does not make any recommendation as to where such orders should be executed and does not undertake to notify Customer of price improvement opportunities or more advantageous execution quality at particular exchange venues. Xxxxxx Xxxxxxx shall have no responsibility hereunder for compliance with any law or regulation governing the conduct of fiduciaries, foundation managers, commodity pool operators, commodity trading advisors or investment advisers. Without limitation of the foregoing, if Customer is an investment company registered under the Investment Company Act of 1940 (i) Xxxxxx Xxxxxxx shall comply with the segregation requirements of Section 4d(a)(2) of the CEA and the CFTC Rules or, if applicable, Part 30 of the CFTC Rules or, with respect to eligible cleared OTC derivatives, the rules of the derivatives clearing organization where such cleared OTC derivatives are cleared, with respect to assets deposited by Customer hereunder; (ii) Xxxxxx Xxxxxxx, as appropriate to Customer’s transactions and in accordance with the CEA and CFTC Rules (including Part 30 of such Rules and, as applicable, the rules of relevant derivatives clearing organizations), may place and maintain Customer’s assets to effect Customer’s transactions with another futures commission merchant (“FCM”), a clearing organization or a foreign bank (as such terms are defined under Rule 17f-6 under the Investment Company Act of 1940 promulgated by the Securities and Exchange Commission (“SEC”)) or a member of a foreign board of trade, and shall obtain an acknowledgement, as required under CFTC Rules 1.20(a) or 30.7(c) or the rules of relevant derivatives clearing organizations, as applicable, ...
General Agreements. Education and Development Fund see appendix I Contractual Pension Scheme (AFP) see appendix 2 Agreement regarding Severance Pay see appendix 3 Pension see appendix 4 Hiring employees and outsourcing of work see appendix 5 Employees temporary employment agencies see appendix 5a Resource pool joint declaration see appendix 6 Enclosure about vacation
General Agreements. A. This Agreement and all matters arising hereunder shall be governed by and determined in accordance with the laws of the State of Florida without giving affect to any choice of law provisions.
B. The parties shall not be liable or deemed to be in default hereunder for any delay or failure in performance under this Agreement or interruption of the Insurance Administration Services resulting, directly or indirectly, from acts of God (including but not limited to weather catastrophes such as floods, hurricanes, tornadoes, windstorms, ice storms, blizzards and hail storms), civil or military authority, labor disputes, shortages of suitable parts, materials, labor or transportation or any similar cause beyond the reasonable control of the parties.
C. Any and all notices, designations, consents, offers, acceptances, or any other communication provided for herein shall be given in writing by hand delivery, by overnight carrier, by registered or certified mail or by facsimile transmission and shall be addressed as follows: As to Customer: Cooperativa de Seguros Multiples de Puerto Rico 38 Nevarez Street, Corner of Americo Miranda Xxx Xxxxxxx, Puerto Rico 00920-0000 Fax Numbex: (000) 000-0000 Attention: Jose M. Martinez, Vxxx Xxxxxxxxx of Operations As to IMS: Xxxxxxxxx Xxnagement Solutions, Inc. 360 Central Avenue, 16th Floor St. Petersburg, XX 00000 Xxx Xxxxxx: (000) 000-0000 Attention: David Howard, Xxxxxxxxx Notices sent by hand delivery shall be xxxxxx xxxxctive on the date of actual hand delivery. Notices sent by overnight carrier shall be deemed effective on the next Business Day after being placed into the hands of the overnight carrier. Notices sent by registered or certified mail shall be deemed effective on the fifth Business Day after being deposited into the post office. Notices sent by facsimile transmission shall be deemed to be effective on the day when sent if sent prior to 4:30 p.m. (the time being determined by the time zone of the recipient), otherwise they shall be deemed effective on the next Business Day.
D. This Agreement, and the exhibits, schedules and appendices attached hereto, contain all of the prior oral and/or previously written agreements, representations, and arrangements between the parties hereto. There are no representations or warranties other than those set forth herein. No change or modification of this Agreement, including the exhibits, schedules and appendices hereto, shall be valid unless the same shall be in writing and...
General Agreements. Employee agrees that in the course of rendering services to the Company, Employee has acquired and will acquire information about the Company that is non-public, confidential and/or proprietary in nature. Employee understands that the Company is engaged in a highly competitive business and must protect its substantial investment in developing and maintaining its reputation, good will and status in the marketplace. Employee agrees that if Employee elects to compete with the Company, the Company is warranted in terminating Employee’s right to participate in the Company’s future performance through the Company’s Option Plan. Employee further agrees that Employee’s obligations under Sections 3 through 5 of this Agreement are irrevocable, absolute and unconditional.
General Agreements. This Agreement may be modified or amended only by a written document executed by the Contractor and the Agency.
General Agreements. Developer agrees to promptly and completely perform each and all of its duties and obligations under this Agreement and the other Transaction Documents. The UG agrees to promptly and completely perform each and all of its duties and obligations under this Agreement and the other Transaction Documents.
General Agreements. A. It is the intention of both DHCD and DEQ to cooperate with each other in resolving any technical conflicts between the SCAT Regulations, the WR&R Regulation and the Code and in developing and implementing operational procedures to ensure and promote a constructive working relationship between local building officials, DHCD and DEQ.
B. When practical, the Code will include a clear reference to the jurisdiction of the SCAT Regulations and the WR&R Regulation and these regulations, in turn, will include clear references to the jurisdiction of the Code.
C. Appropriate amendments, additions, or deletions will be made to the SCAT Regulations, the WR&R Regulation and the Code, when practical, to ensure that there is no jurisdictional conflict between the regulations and the Code.
D. Except in matters of imminent danger to public health or safety, whenever conflicts or disagreements arise between the two agencies or their staff, all appropriate regulatory procedures will be exhausted prior to any judicial action.
E. This Agreement may be amended or terminated by mutual consent of the parties.
