Monitoring Requirement. Nothing herein, nor any action by the Intermediary, shall be construed as, or infer that the Intermediary has, undertaken any duty or obligation, whether express or implied, at law or in equity, to detect trading activities inconsistent with or in violation of the Fund’s policies and/or procedures on limiting the dilution of the value of the outstanding securities issued by the Fund.
Monitoring Requirement. Nothing herein, nor any action by the Intermediary, shall be construed as, or infer that the Intermediary has, undertaken any duty or obligation, whether express or implied, at law or in equity, to detect trading activities inconsistent with or in violation of the Fund’s policies and/or procedures on limiting the dilution of the value of the outstanding Shares issued by the Fund. Notwithstanding the aforementioned, the Intermediary represents that it has adopted policies and procedures to detect market timing activity and other abusive trading activity by Shareholders in Shares issued by the Fund and in shares issued by other funds that are available as investment options under the Contracts and policies and procedures to take remedial action as Intermediary deems necessary to address such violations. The Intermediary agrees to promptly notify the Fund of material violations of such policies and procedures involving Shares issued by the Fund. For purposes of this section of the Agreement, whether a violation is material shall be determined in good faith by the Intermediary in its reasonable business judgment.
Monitoring Requirement. Nothing herein, nor any action by the Company, shall be construed as, or infer that the Company has, undertaken any duty or obligation, whether express or implied, at law or in equity, to detect trading activities inconsistent with or in violation of the Fund’s policies and/or procedures on limiting the dilution of the value of the outstanding Shares issued by the Fund. Notwithstanding the aforementioned, the Company represents that it has adopted policies and procedures to detect market timing activity and other abusive trading activity by Shareholders in Shares issued by the Fund and in shares issued by other funds that are available as investment options under the Contracts and policies and procedures to take remedial action as the Company deems necessary to address such violations. The Company agrees to promptly notify the Fund of material violations of such policies and procedures involving Shares issued by the Fund. For purposes of this section of this Schedule D, whether a violation is material shall be determined in good faith by the Company in its reasonable business judgment.
Monitoring Requirement. Nothing in this Schedule C shall be construed as, or infer that Company has, undertaken any duty or obligation, whether express or implied, at law or in equity, to separately monitor for and detect trading activities inconsistent with or in violation of the Fund’s policies and/or procedures on limiting the dilution of value of outstanding shares of the Fund.
Monitoring Requirement. Nothing herein, nor any action by the Company, shall be construed as, or infer that the Company has, undertaken any duty or obligation, whether express or implied, at law or in equity, to detect trading activities inconsistent with or in violation of the Fund’s policies and/or procedures on limiting the dilution of the value of the outstanding securities issued by the Fund.
Monitoring Requirement. Insurer has active, formal policies and procedures aimed at deterring market timing and frequent trading activity. Such policies and procedures provide for Insurer’s ongoing review of Shareholder account activity and prescribe effective actions to deter or detect and stop such disruptive activities. However, nothing herein, nor any action by Insurer, shall be construed as, or infer that Insurer has, undertaken any duty or obligation, whether express or implied, at law or equity, to separately monitor for and detect such disruptive activities under the Fund’s policies and/or procedures.
Monitoring Requirement. Nothing in this Schedule C shall be construed as, or infer that Insurer has, undertaken any duty or obligation, whether express or implied, at law or in equity, to separately monitor for and detect trading activities inconsistent with or in violation of the Fund's policies and/or procedures on limiting the dilution of value of outstanding securities of the Fund.
Monitoring Requirement. Monitoring and audit of the Total Suspended Particulate (TSP) levels should be carried out by the ET to ensure that any deterioration in air quality could be readily detected and timely actions taken to rectify the situation.
Monitoring Requirement. The Society has active, formal policies and procedures aimed at deterring market timing and frequent trading activity. Such policies and procedures provide for the Society’s ongoing review of Shareholder account activity and prescribe effective actions to deter or detect and stop such disruptive activities. However, nothing herein, nor any action by the Society, shall be construed as, or infer that the Society has, undertaken any duty or obligation, whether express or implied, at law or equity, to separately monitor for and detect such disruptive activities under the Fund’s policies and/or procedures.
Monitoring Requirement. The Service Providers will undergo continuous monitoring to ensure that the Service is being delivered in accordance with all the Service Provider’s contractual obligations as outlined in this Contact and all its Appendices. Refer to the Contract Monitoring Specification in Appendix 2 which is the tool used to inform Contract Monitoring. The Monitoring process will involve: Home visits to Service Users and/or their Carers and Representatives Information from the Authorised Officer particularly following reviews of Service Interviews and discussions with Staff Questionnaires completed by Staff Questionnaires completed by Service Users and/or their Carers and Representatives Telephone feedback from Service Users and/or their Carers and Representatives Care Quality Commission (CQC) feedback Visits to the Service Provider office to access records – these may be unannounced Areas of good practice will also be highlighted and may be shared with other Service Providers. Monitoring will also include but not be limited to Service Provider’s: ability to accept increases to Service ability to accept new referrals for Service in the case of Principal Providers the ability to provide 70% of the Service in their Zone attendance at Service Provider Forums and Good Practice Events arranged by the Council accuracy and timeliness of submission of Invoices Quality of Electronic Call Monitoring data Timely information sent to the Council relating to Staff changes
