Mutual representations and agreements Sample Clauses

Mutual representations and agreements. The Firm and the Client agree the following: 1. The Firm will receive orders and conduct transactions on behalf of the Client in financial instruments in accordance with the terms and conditions set forth in this agreement, the attached “general principles of Capital Markets Elite Group (UK) Limited for the execution of orders in financial instruments (“best execution policy”) and the attached “information on the principles for dealing with conflicts of interest within Capital Markets Elite Group (UK) Limited” (“conflicts of interest policy”) and schedule 1 (“research suitability and data controller”) and addendum (if required), each in its valid version as may be amended by the Firmfrom time to time upon written notice to the Client (collectively, this “agreement”). 2. The offer for concluding this agreement comes into effect upon its delivery and shall be valid without signature. The Firm abandons the receipt of a declaration of acceptance by the Client. The Client’s agreement and acceptance of this agreement will be deemed to be given when it places its first order with the Firm. Thereafter, this agreement will be deemed to be renewed with each order placed with, or each transactioneffected through, the Firm. This agreement shall apply to all account(s) opened in the Client’s name, or as to which the Clienthas trading authorisation. 3. The Firm generally classifies the Client as a “Professional Client” or “Eligible Counterparty” for the purposes of the rules and guidance issued by the FCA. The Client is entitled to request a different Client classification, but in that event, the Firm may terminate this agreement for cause. The Client may opt to be treated as eligible counterparty, in which case the Client shall so notify the Firm in writing and the Firm will provide to the Client additional disclosures. Client warrants that any transaction entered into under this agreement is permissible under their relevant home state legislation. For the purposes of this agreement and under the terms of this agreement the Client accepts the professional Client classification as given by the Firm, and understands that this classification in particular means: a. Professional Clients are deemed to have sufficient experience, knowledge, and expertise to make investment- decisions independently and form appropriate judgment- sof the risk involved, so the Firm will not provide additional information about any financial instrument to the Client; b. The Firm is not obliged t...
AutoNDA by SimpleDocs

Related to Mutual representations and agreements

  • Mutual Representations and Warranties Each Party hereby represents and warrants to the other Party as follows:

  • Mutual Representations Each party hereby represents and warrants to the other party as follows:

  • General Representations and Warranties The Contractor represents, warrants and covenants that: (i) The Contractor has all requisite power and authority to execute, deliver and perform its obligations under this Contract and the execution, delivery and performance of this Contract by the Contractor has been duly authorized by the Contractor. (ii) There is no pending litigation, arbitrated matter or other dispute to which the Contractor is a party which, if decided unfavorably to the Contractor, would reasonably be expected to have a material adverse effect on the Contractor’s ability to fulfill its obligations under this Contract. (iii) The Contractor will comply with all laws applicable to its performance of the services and otherwise to the Contractor in connection with its obligations under this Contract. (iv) The Contractor (a) owns, or has the right to use under valid and enforceable agreements, all intellectual property rights reasonably necessary for and related to delivery of the services and provision of the services as set forth in this Contract; (b) shall be responsible for and have full authority to license all proprietary and/or third party software modules, including algorithms and protocols, that Contractor incorporates into its product; and (c) none of the services or other materials or technology provided by the Contractor to the State will infringe upon or misappropriate the intellectual property rights of any third party. (v) The Contractor has adequate resources to fulfill its obligations under this Contract. (vi) Neither Contractor nor Contractor’s subcontractors has past state or federal violations, convictions or suspensions relating to miscoding of employees in NCCI job codes for purposes of differentiating between independent contractors and employees.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!