Incorporation of Terms. The parties to the Trust Agreement will enter into the Trust Agreement by executing the Omnibus Instrument. By executing the Omnibus Instrument, the Trustee and the Trust Beneficial Owner hereby agree that the Trust Agreement will constitute a legal, valid and binding agreement between the Trustee and the Trust Beneficial Owner. All terms relating to the Trust or the series of Notes not otherwise included in the Trust Agreement will be as specified in the Omnibus Instrument or Pricing Supplement, as indicated herein.
Incorporation of Terms. The terms of the Indenture are incorporated in this Supplement as if set forth in full herein. As supplemented by this Supplement, the Indenture is in all respects ratified and confirmed and both together shall be read, taken and construed as one and the same agreement. If the terms of this Supplement and the terms of the Indenture conflict, the terms of this Supplement shall control with respect to the Series 2012-1.
Incorporation of Terms. The provisions of Section 11.2 (Notices), Section 11.6 (Severability) and Subsections 11.14.2 (Jurisdiction), 11.14.3 (Alternative Jurisdiction) and 11.14.4 (Service of Process) of the Existing Credit Agreement shall be incorporated into this Amendment as if set out in full in this Amendment and as if references in those sections to “this Agreement” were references to this Amendment and references to each Party are references to each Party to this Amendment.
Incorporation of Terms. The provisions of Clause 32 (Notices), Clause 34 (Partial Invalidity), Clause 35 (Remedies, Waivers and Conflicts) and Clause 39 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in these clauses to "this Agreement" are references to this Agreement.
Incorporation of Terms. The provisions of Clause 35 (Notices) and Clause 42 (Enforcement) of the Original Facility Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.
Incorporation of Terms. 2.1 The following Framework Agreement clauses (including clauses and defined terms referenced by them) as modified under clause 2.2 are incorporated as separate Call-Off Contract obligations and apply between the Supplier and the Buyer: • 4.1 (Warranties and representations) • 4.2 to 4.7 (Liability) • 4.11 to 4.12 (IR35) • 5.4 to 5.5 (Force majeure) • 5.8 (Continuing rights) • 5.9 to 5.11 (Change of control) • 5.12 (Fraud) • 5.13 (Notice of fraud) • 7.1 to 7.2 (Transparency) • 8.3 (Order of precedence) • 8.6 (Relationship) • 8.9 to 8.11 (Entire agreement) • 8.12 (Law and jurisdiction) • 8.13 to 8.14 (Legislative change) • 8.15 to 8.19 (Xxxxxxx and corruption) • 8.20 to 8.29 (Freedom of Information Act) • 8.30 to 8.31 (Promoting tax compliance) • 8.32 to 8.33 (Official Secrets Act) • 8.34 to 8.37 (Transfer and subcontracting) • 8.40 to 8.43 (Complaints handling and resolution) • 8.44 to 8.50 (Conflicts of interest and ethical walls) • 8.51 to 8.53 (Publicity and branding) • 8.54 to 8.56 (Equality and diversity) • 8.59 to 8.60 (Data protection • 8.64 to 8.65 (Severability) • 8.66 to 8.69 (Managing disputes and Mediation) • 8.80 to 8.88 (Confidentiality) • 8.89 to 8.90 (Waiver and cumulative remedies) • 8.91 to 8.101 (Corporate Social Responsibility) • paragraphs 1 to 10 of the Framework Agreement glossary and interpretation • any audit provisions from the Framework Agreement set out by the Buyer in the Order Form
2.2 The Framework Agreement provisions in clause 2.1 will be modified as follows:
2.2.1 a reference to the ‘Framework Agreement’ will be a reference to the ‘Call-Off Contract’
2.2.2 a reference to ‘CCS’ will be a reference to ‘the Buyer’
2.2.3 a reference to the ‘Parties’ and a ‘Party’ will be a reference to the Buyer and Supplier as Parties under this Call-Off Contract
2.3 The Parties acknowledge that they are required to complete the applicable Annexes contained in Schedule 4 (Processing Data) of the Framework Agreement for the purposes of this Call-Off Contract. The applicable Annexes being reproduced at Schedule 7 of this Call-Off Contract.
2.4 The Framework Agreement incorporated clauses will be referred to as incorporated Framework clause ‘XX’, where ‘XX’ is the Framework Agreement clause number.
2.5 When an Order Form is signed, the terms and conditions agreed in it will be incorporated into this Call-Off Contract.
Incorporation of Terms. The provisions of clause 8 (Remedies and waivers), clause 9 (Severability), clause 13 (Notices) and clause 15 (Jurisdiction) of the Quota Charge Agreement shall be incorporated into this Agreement as if set out in full in this Agreement and as if references in those clauses to “this Agreement” are references to this Agreement.
Incorporation of Terms. All capitalized terms not otherwise defined herein shall have the same meaning as in the Credit Agreement.
Incorporation of Terms. 2.1 The following Framework Agreement clauses (including clauses and defined terms referenced by them) as modified under clause 2.2 are incorporated as separate Call-Off Contract obligations and apply between the Supplier and the Buyer: ● 2.3 (Warranties and representations) ● 4.1 to 4.6 (Liability) ● 4.10 to 4.11 (IR35) ● 10 (Force majeure) ● 5.3 (Continuing rights) ● 5.4 to 5.6 (Change of control) ● 5.7 (Fraud) ● 5.8 (Notice of fraud) ● 7 (Transparency and Audit) ● 8.3 (Order of precedence) ● 11 (Relationship) ● 14 (Entire agreement) ● 15 (Law and jurisdiction) ● 16 (Legislative change) ● 17 (Xxxxxxx and corruption) ● 18 (Freedom of Information Act) ● 19 (Promoting tax compliance) ● 20 (Official Secrets Act) ● 21 (Transfer and subcontracting) ● 23 (Complaints handling and resolution) ● 24 (Conflicts of interest and ethical walls) ● 25 (Publicity and branding) ● 26 (Equality and diversity) ● 28 (Data protection) ● 31 (Severability) ● 32 and 33 (Managing disputes and Mediation) ● 34 (Confidentiality) ● 35 (Waiver and cumulative remedies) ● 36 (Corporate Social Responsibility) ● paragraphs 1 to 10 of the Framework Agreement Schedule 3
2.2 The Framework Agreement provisions in clause 2.1 will be modified as follows:
2.2.1 a reference to the ‘Framework Agreement’ will be a reference to the ‘Call-Off Contract’
2.2.2 a reference to ‘CCS’ or to ‘CCS and/or the Buyer’ will be a reference to ‘the Buyer’
2.2.3 a reference to the ‘Parties’ and a ‘Party’ will be a reference to the Buyer and Supplier as Parties under this Call-Off Contract
Incorporation of Terms. The provisions of Sections 11.13, 11.17 and 11.18 of the Existing Agreement shall be incorporated into this Amendment as if set out in full in this Amendment and as if references in those sections to “this Agreement” were references to this Amendment.