Important Additional Terms Sample Clauses

Related to Important Additional Terms

• OTHER IMPORTANT TERMS 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date. 19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect. 19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation including within our group of companies. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4. 19.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we expressly agree to this in writing. We may not be able to agree to this as doing so may likely put us in breach of our legal and regulatory obligations (including our obligations to comply with anti-money laundering laws). 19.5 Other people that may have rights under this contract. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in sections 13 (Compensation you may owe us). 19.6 The meaning of certain words and phrases not defined elsewhere:

• Additional Terms Business Associate agrees to comply with the following additional terms under the Agreement:

• Description of Goods or Services and Additional Terms and Conditions The Contractor shall perform as set forth in Exhibit A. For purposes of this Contract, to perform and the performance in Exhibit A is referred to as “Perform” and the “Performance.”

• Additional Terms & Conditions Acknowledged and Agreed:

• ADDITIONAL TERMS AND CONDITIONS This Annex A to the Second Amended and Restated Servicing Agreement, dated October 31, 2021 (the “Agreement”), among Xxxxx Bank and Xxxxx Trust Company, as Sellers, the Bank Assets Purchaser and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser, as Purchasers, and Guarantor (solely for purposes of Section 9.5 of the Agreement), is incorporated into and deemed part of the Agreement in all respects.

• IMPORTANT NOTICE 为了保护甲方的自身权益，银行特此向甲方作出如下提示和建议： In order to protect Party A’s rights and interests, the Bank kindly reminds that: (1) 甲方在购买任何产品（包括但不限于结构性存款产品）之前应当主动询问银行并务必仔细完整阅读相关产品销售文件，确保清楚全面地了解：（1）银行发行的产品清单，（2） 产品发行方，（3）产品特征，风险，期限等，以及（4）产品销售文件签约方等详情。 Prior to purchase of Product, Party A should initiatively inquire the Bank and read the Ancillary Documents of the relevant product in a complete and careful manner to ensure that it has clear and full knowledge of (i) Product’s features, (ii) terms and conditions of the Product, (iii) Product’s risk, and (iv) the Ancillary Documents (2) 甲方可以使用银行的官方网站产品信息查询平台了解银行发行的产品；未在该平台收录的任何产品均为非银行发行产品。非银行发行和授权产品可能存在违规运作、缺乏有效风险控制和管理，信息披露不充分、风险揭示不到位，虚假和误导宣传等诸多风险，可能导致本金收益无法兑付，甚至可能血本无归。甲方须清楚了解购买非银行发行和授权产品的风险和后果由甲方自行承担。 Party A may use the Product information inquiry platform on the Bank’s official website to check and learn about Products. Any products other than Product are not Products issued by the Bank. Products which was not issued by Bank may be exposed to various risks such as operation in violation of regulations, lack of effective risk control, insufficient information disclosure, insufficient risk disclosure and false and misleading promotion, which may result in failure to pay any principal or interests thereon, even the loss of principal. Party A had been fully aware that, if it purchase Product that are not issued by the Bank, the risks and consequences thereof should be borne by itself. (3) 银行发行的产品均通过正规渠道销售（银行柜台或邮件及其他银行公布的渠道），甲方不应要求或接受银行员工通过任何非正规渠道向甲方推介或销售产品。 Products issued by the Bank are sold through official channels (such as counters of the Bank’s branches, directly through relationship manager or through email and any other channels announced by the Bank). Party A should not request for or accept any Products promoted or sold by the Bank’s employees through any unofficial channels. (4) 银行发行的产品均由银行从甲方指定账户扣划相关投资资金后进行后续投资运作或清算，甲方无需也不应向任何第三方实体或个人划转任何投资款。 With respect to Products issued by the Bank, the subsequent investment operation or liquidation thereof will be made by way of the Bank deducting of relevant deposit amount from the designated account of Party A, and Party A need not, nor be required, to transfer any funds to any third-party entity or individual. (5) 甲方应妥善收存和保管所有产品购买文件和凭证，银行不为该文件和凭证的遗失承担任何责任。 Party A should duly keep and preserve all the Ancillary Documents and receipts of relevant Products. The Bank shall not be responsible and liable in relation to the loss of such documents. (6) 如发现银行任何员工以任何方式向甲方推介或销售非银行发行产品，或者通过任何非正规渠道向甲方进行任何产品销售，或者为甲方就任何产品购买而安排或建议任何对外转账，请立即拨打银行客服热线进行举报反映:【0755-88285839】 Party A shall immediately report to the Bank by calling the customer-service hotline at [0755-88285839] if it encountered that any of the Bank’s employees in any way of promotion or sale of any product that is not issued by the Bank, or sale of any Product through any unofficial channel, or arrangement for or recommendation of any transfer of funds to a third party in respect of the purchase of any Products.

• Extended Terms Tenant shall have the right to extend the Term for up to five (5) consecutive renewal terms of ten (10) years each (each, an “Extended Term”), provided that (unless Landlord shall elect in its sole discretion to waive any such condition), at the time Tenant exercises a right to extend the Term, (a) no Event of Default shall have occurred and be continuing and (b) on the date of the exercise of the extension option and on the first day of each such Extended Term, there shall be a Guaranty in favor of Landlord from a Qualifying Guarantor which shall either meet the standard in clause (a) or (c) of the definition of Qualifying Guarantor or shall provide Landlord with the audited financial statement described in the last paragraph of the definition of Qualifying Guarantor to establish that it meets the criteria in clause (b) thereof to be a Qualifying Guarantor, even if such Entity is a BP Affiliate. All of the terms, covenants and provisions of this Agreement shall apply to each Extended Term (including, but without limitation, the two percent annual Minimum Rent increases provided in the definition of Minimum Rent), except that Tenant shall have no right to extend the Term beyond the expiration of the fifth Extended Term. If Tenant shall elect to exercise its option to extend the Term for any Extended Term, it shall do so by giving Landlord Notice thereof not later than eighteen (18) months prior to the commencement of the applicable Extended Term, it being understood and agreed that time shall be of the essence with respect to the giving of any such Notice. If Tenant shall fail to give any such Notice, this Agreement shall automatically terminate at the end of the Fixed Term or the applicable Extended Term, and Tenant shall have no further option to extend the Term of this Agreement. If Tenant shall give such Notice, the extension of this Agreement shall be automatically effected without the execution of any additional documents; it being understood and agreed, however, that Tenant and Landlord shall execute such documents and agreements as either party shall reasonably require to evidence the same.

• Important Information About Procedures for Opening a New Account To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial organizations to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, you are required to provide your name, residential address, date of birth, and identification number. We may require other information that will allow us to identify you.

• Additional Procedures (i) Once initiated by an Auction Notice, the Auction Party may not withdraw an Auction other than a Failed Auction. Furthermore, in connection with any Auction, upon submission by a Lender of a Qualifying Bid, such Lender (each, a “Qualifying Lender”) will be obligated to sell the entirety or its allocable portion of the Reply Amount, as the case may be, at the Applicable Price. (ii) To the extent not expressly provided for herein, each purchase of Term Loans pursuant to an Auction shall be consummated pursuant to procedures consistent with the provisions in this definition, established by the Auction Agent acting in its reasonable discretion and as reasonably agreed by the Borrower. (iii) In connection with any Auction, the Borrower and the Lenders acknowledge and agree that the Auction Agent may require as a condition to any Auction, the payment of customary fees and expenses by the Auction Party in connection therewith as agreed between the Auction Party and the Auction Agent. (iv) Notwithstanding anything in any Loan Document to the contrary, for purposes of this definition, each notice or other communication required to be delivered or otherwise provided to the Auction Agent (or its delegate) shall be deemed to have been given upon the Auction Agent’s (or its delegate’s) actual receipt during normal business hours of such notice or communication; provided that any notice or communication actually received outside of normal business hours shall be deemed to have been given as of the opening of business on the next Business Day. (v) The Borrower and the Lenders acknowledge and agree that the Auction Agent may perform any and all of its duties under this definition by itself or through any Affiliate of the Auction Agent and expressly consent to any such delegation of duties by the Auction Agent to such Affiliate and the performance of such delegated duties by such Affiliate. The exculpatory provisions pursuant to this Agreement shall apply to each Affiliate of the Auction Agent and its respective activities in connection with any purchase of Term Loans provided for in this definition as well as activities of the Auction Agent.

• Additional Terms and Conditions Applicable to Subletting The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.