Limited Agency. (a) If the Access Holder is not also the Operator for a Path Usage, the Access Holder appoints each nominated Operator, as its agent for the following purposes:
(i) providing inputs and agreeing to the final Daily Train Plan and the scheduling of Trains or changes to that plan or schedule for the Path Usages for which it is nominated by the Access Holder;
(ii) the use of a Path Usage for which the Operator is nominated and scheduled to use under the Daily Train Plan including giving and receiving notices and instructions in relation to availability of Path Usages and the Services using those Path Usages in accordance with the Operator Sub-Agreement;
(iii) agreeing to temporary changes to Train Paths, Path Usages or the Services in accordance with clauses 3.2(a) and 9 of the Operator Sub-Agreement; and
(iv) the day to day operation of the Network for the Path Usages for which it has been nominated by the Access Holder as the Operator in accordance with clause 4 of this agreement and the Train Path Schedule, including communications with the Network Control Centre, providing Train manifests to ARTC and informing ARTC of any changes to the Services (including under clauses 5.4(k), (l) and (m) of the Operator Sub-Agreement), but the actual operation of Services on any Path Usage remains the responsibility of the Operator.
(b) The Access Holder agrees:
(i) that where an Operator is acting as its agent under clause 4.6(a):
(A) the Access Holder is bound by, and releases ARTC from any Liability to the Access Holder relating to the acts or omissions of the Operator;
(B) ARTC will deal directly with the Operator and is under no obligation to provide notices or deal with the Access Holder; and
(C) to indemnify ARTC from any Claims made by the Operator arising from the Operator’s action or omissions as agent of the Access Holder, except to the extent such Claims arise from ARTC’s negligence or breach of this Agreement;
(ii) to any changes to Services, Path Usages or Train Paths arising as a result of an Operator complying with its obligations under the Operator Sub-Agreement (including under clauses 5.4(c), 5.5, 8.1,
Limited Agency. Subject to any other written instructions of the Adviser or the Trust, the Subadviser is hereby appointed the Adviser’s and the Trust’s agent and attorney-in-fact for the limited purposes of executing account documentation, agreements, contracts and other documents including, without limitation, brokerage agreements, clearing agreements, account documentation, swap agreements, and other investment related agreements as the Subadviser shall be requested by brokers, dealers, counterparties and other persons in connection with its management of the Subadviser Assets. Subadviser is also authorized on behalf of Adviser to make all elections required in such agreements, instruments and documents and to receive all related notices from brokers or other counterparties on Advisers behalf. Upon the Adviser’s written request, the Subadviser agrees to provide the Adviser and the Trust with copies of any such agreements executed on behalf of the Adviser or the Trust.
Limited Agency. In all sales of Fund shares to the public, you shall act solely as agent for the account of your customer and, other than for the limited purpose of accepting orders for Fund shares from your customers for which you shall be authorized, except as otherwise provided in this Agreement or the Prospectus of the applicable Fund, to act as an agent of the Fund, in no transaction shall you have any authority to act as agent for any Fund or for us.
Limited Agency. Notwithstanding any provision to the contrary set forth elsewhere in this Agreement or any document related hereto, the Collateral Agent shall not have any duties or responsibilities in its capacity as Collateral Agent except those expressly set forth herein or therein, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or the First Mortgage Bond Documents or otherwise exist against the Collateral Agent.
Limited Agency. Utility is hereby appointed as DWR’s agent for the limited purposes set forth in this Order. Utility shall not be deemed to be acting, and shall not hold itself out, as agent for DWR for any purpose other than those described in this Order. Utility’s duties and obligations shall be limited to those duties and obligations that are specified in this Order.
Limited Agency. (a) The Operator agrees that, unless otherwise notified by ARTC in accordance with a request received by ARTC from the Access Holder, it is the agent of the Access Holder for the following purposes:
(i) providing inputs and agreeing to the final Daily Train Plan and the scheduling of Trains or changes to that plan or schedule for the Path Usages for which it is nominated by the Access Holder;
(ii) the use of a Path Usage for which the Operator is nominated and scheduled to use under the Daily Train Plan,
(A) including the giving and receiving of notices and instructions in relation to availability of Path Usages and the Services using those Path Usages in accordance with this agreement;
(B) but excluding the actual operation of Services on that Path Usage and, to avoid doubt, the parties agree that the Access Holder does not incur liability for Incidents as a result of this clause 3.2;
(iii) agreeing to temporary changes to a Train Path, a Path Usage, or the Service using that Train Path or Path Usage in accordance with clauses 8 or 9; and
(iv) the day to day operation of the Network for the Path Usages for which it has been nominated by the Access Holder as the Operator, including communications with the Network Control Centre, providing Train Manifests to ARTC and informing ARTC of any changes to the Services (including under clauses 5.4(k), (l) and (m));
(b) Where the Operator is acting as agent for the Access Holder under clause 3.2, the Operator agrees that:
(i) ARTC is under no obligation to deal with the Access Holder and will deal directly with the Operator; and
(ii) the Operator will provide notices to the Access Holder as appropriate and agreed between them.
Limited Agency. The scope of the Participant's agency under this agreement relates to Transferred Dormant Account Balances and the relationship and dealings, pursuant to this agreement, with Dormant Account Holders, or other third parties, in relation to, or in connection with, a Transferred Dormant Account Balance.
Limited Agency. All licensees of the brokerage firm owe you the duties as described in single agency until a purchaser client of this firm inquires about your property under contract for sale/lease with this firm. At this time a limited agency relationship exists, however, limited agency may only occur with prior written permission of the parties of the potential in-company transaction. In a limited agency relationship the broker, directly or through one or more agent, may not be able to continue to provide services previously provided to you, such as: • no longer providing advice or advocating for your interests, or the purchaser’s interests, to the detriment of either party. Unless you give written consent, a limited agent cannot: • Disclose personal confidences of one party or the other party, unless required by law • Disclose a buyer is willing to pay more, or a seller is willing to accept less, than the asking price or lease rate offered for the property; • Disclose the motivating factors for any client, buying, selling, or leasing the property; • Disclose a client will agree to financing terms other than those offered. The client acknowledges and consents as initialed: I agree to appointed agency and the appointed agent(s) named in 1B: Yes \ No \ N/A \ I agree to limited agency representation, as described in 1C: Yes \ No \ N/A \
Limited Agency. Distributor hereby appoints Intermediary as the Portfolios’ agent for the limited purpose of accepting Clients’ purchase and redemption orders for Shares. Other than as specifically provided herein, nothing in this Agreement shall be construed to establish a joint venture between Distributor and Intermediary or establish either of Distributor or Intermediary as an agent, partner or employee of the other, nor shall anything in this Agreement be construed to establish Intermediary or the Fund as an agent, partner or employee of the other. Intermediary understands that the Portfolios’ activities may be performed on their behalf by Distributor or the Portfolios’ investment adviser, transfer agent or other authorized service providers.
Limited Agency. Subject to any other written instructions of the Adviser or the Trust, the Sub-Adviser is hereby appointed the Adviser’s and the Trust’s agent and attorney-in-fact for the limited purposes of executing account documentation, agreements, contracts and other documents including, without limitation, brokerage agreements, clearing agreements, account documentation, swap agreements, and other investment related agreements as the Sub-Adviser shall be requested by brokers, dealers, counterparties and other persons in connection with its management of the Subadvised Assets. Sub-Adviser is also authorized on behalf of the Adviser to make all elections required in such agreements, instruments and documents and to receive all related notices from brokers or other counterparties on the Adviser’s behalf. Upon the Adviser’s written request, the Sub-Adviser agrees to provide the Adviser and the Trust with copies of any such agreements executed on behalf of the Adviser or the Trust.
