MISCELLANEOUS SECTION 1. This Contract may be revised or amended by mutual written consent of the parties. SECTION 2. NEA reserves the right to increase or decrease, with notice to the BORROWER, the rate of interest on the loan pursuant to such policy as it may adopt from time to time during the pendency of the loan. XXXXX X. XXX DIEGO Director Finance Services Department _____________________ President ______________________ General Manager SECTION 3. The BORROWER shall not assign to a third party any of the rights arising from this Contract. SECTION 4. The BORROWER shall hold NEA and its officers/agents free and harmless from any obligation, suit and/or claim arising from any act of the BORROWER or its officers, employees or agents in implementing this loan contract, including any and all actions of NEA or its officers/agents for the purpose of performing its rights to REVIEW, APPROVE, CONCUR, SUPERVISE or CONTROL any or all of the BOROWER’s actions/operations as provided in this Contract of Loan. SECTION 5. Should any part of this Contract be declared invalid, such declaration shall not affect the validity and enforceability of the other provisions set forth herein. SECTION 6. It is agreed that the venue of any and all court actions arising by reason of this contract shall be with the appropriate courts in Quezon City, to the exclusion of all other courts.
MISCELLANEOUS SECTION 1. The Transfer Agent agrees to promptly notify the Fund if for any reason the Transfer Agent is unable to perform fully and promptly any of its obligations under this Agreement. Section 2. The Transfer Agent hereby represents that it does own or hold with power to vote certain shares of the Fund which are registered in the name of, the Transfer Agent or its affiliate Unified Management Corporation or the name of their respective nominee. Section 3. The provisions of the Agreement shall in no way limit the authority of the Fund to take such action as it may deem appropriate or advisable in connection with all matters relating to the operations of such Fund and/or sale of its shares. Section 4. The Transfer Agent shall indemnify and hold harmless the Fund from and against any and all losses or liabilities, costs, charges, counsel fees, payments, expenses and damages that the Fund may incur, arising out of or related to the performance or non-performance of the Transfer Agent of its responsibilities under this Agreement. Section 5. The Transfer Agent understands and agrees that the obligations of the Fund under this Agreement are not binding upon the shareholders of the Fund personally, but bind the Fund and the Fund's property; the Transfer Agent represents that it has notice of the provisions of the Articles of Incorporation for the Fund disclaiming shareholder liability for acts or obligations of the Fund. Section 6. It is understood and agreed that in performing the services under this Agreement, neither the Transfer Agent or Unified Management Corporation shall be acting as an agent for the Fund.
MISCELLANEOUS SECTION 1. Unless otherwise clearly required by the context, the term “Trustee,” or any other equivalent term used in this Supplemental Indenture, shall be held and construed to mean the trustee under the Mortgage for the time being whether the original or a successor trustee. Section 2. The headings of the Articles of this Supplemental Indenture are inserted for convenience of reference only and are not to be taken to be any part of this Supplemental Indenture or to control or affect the meaning of the same. Section 3. Nothing expressed or mentioned in or to be implied from this Supplemental Indenture or in or from the bonds of the New Series is intended, or shall be construed, to give any person or corporation, other than the parties hereto and their respective successors, and the holders of bonds secured by the Mortgage and the indentures supplemental thereto, any legal or equitable right, remedy or claim under or in respect of such bonds or the Mortgage or any indenture supplemental thereto, or any covenant, condition or provision therein or in this Supplemental Indenture contained. All the covenants, conditions and provisions thereof and hereof are for the sole and exclusive benefit of the parties hereto and their successors and of the holders of bonds secured by the Mortgage and indentures supplemental thereto. Section 4. This Supplemental Indenture may be executed in several counterparts, each of which shall be an original and all collectively but one instrument. Section 5. This Supplemental Indenture shall be effective as of May 1, 2022, but was actually executed and delivered as of May 1, 2022. [Remainder of this page intentionally left blank]
MISCELLANEOUS SECTION 1. As supplemented and amended by this One Hundred and Thirty-First Supplemental Indenture, the Original Indenture and all indentures supplemental thereto are in all respects ratified and confirmed and the Original Indenture and the aforesaid supplemental indentures and this One Hundred and Thirty-First Supplemental Indenture shall be read, taken and construed as one and the same instrument. SECTION 2. This One Hundred and Thirty-First Supplemental Indenture shall be simultaneously executed in several counterparts, and all such counterparts executed and delivered, each as an original, shall constitute but one and the same instrument.
MISCELLANEOUS SECTION 1
