NATURE AND SCOPE OF RELATIONSHIP Sample Clauses

NATURE AND SCOPE OF RELATIONSHIP. The Servicer hereby agrees to service and administer the Receivables for the Trust and render those services described in this Servicing Agreement and in the attached Schedule A. In performing its duties under this Servicing Agreement, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of the Pooling and Servicing Agreement and this Servicing Agreement. Servicer acknowledges receiving a copy of the Pooling and Servicing Agreement. Servicer shall report in writing solely to such officers or other employees of Backup Servicer and Trustee as Backup Servicer and Trustee may designate from time to time in writing. Nothing in this Servicing Agreement shall be construed as establishing an agency, an employment or a partnership or joint venture between Backup Servicer, Trustee, any third party contract purchaser and Servicer. Furthermore, Backup Servicer shall not use or permit the use of Servicer's name or the names of any of Servicer's affiliates in any advertising or promotional materials prepared by Backup Servicer or on Backup Servicer's behalf without the prior written consent of Servicer. Compensation payable to the Servicer under this Servicing Agreement shall be payable by the Trustee solely from the Trust Property in accordance with the terms of the Pooling and Servicing Agreement, and except as provided in the Pooling and Servicing Agreement, none of the Trust, the Trustee or the Certificateholders will have any liability to the Servicer with respect thereto. In accordance with Section 4.04 of the Pooling and Servicing Agreement, such compensation shall be paid to the Servicer and/or one or more subservicers as the Servicer may from time to time direct in writing to the Trustee. In the event the Backup Servicer shall for any reason no longer be acting as such (including by reason of resignation or an Event of Backup Servicing Default as specified in Section 4.02 or 10.01, respectively, of the Pooling and Servicing Agreement), the successor Backup Servicer shall thereupon assume all of the rights and obligations of the outgoing Backup Servicer under this Servicing Agreement; provided, however that the successor Backup Servicer shall not be liable for any acts, omissions or obligations of the outgoing Backup Servicer prior to such succession or for any breach by the outgoing Backup Servicer of any of it...
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NATURE AND SCOPE OF RELATIONSHIP. Sub-Servicer agrees to assume the duties of the Sub-Servicer as described in this Agreement and the attached Exhibit C for the Receivables designated by Company to be serviced by Sub-Servicer. In performing its duties under this Agreement, Sub-Servicer shall report to such officers or other employees of Company as Company may designate from time to time. Sub-Servicer, for Company, shall: (i) act prudently in accordance with customary and usual servicing procedures for other institutional Sub-Servicers; (ii) comply with all applicable federal and state laws and regulations governing Sub-Servicer and the Receivables; and (iii) use and exercise that degree of skill and attention that is customary with other sub-servicers in the industry that provide servicing relating to contracts substantially similar to the Sales Contracts. Sub-Servicer acknowledges receipt of the Sale and Servicing Agreement dated as of March 1, 2002 ("SSA"). Company represents that the SSA is substanxxxxxx xxxxxxx xx xxx other Sale and Servicing Agreements referenced on the attached Schedule 1. Sub-Servicer agrees to undertake the duties of the servicer set forth generally in Section 3.1(a) of the SSA, except to the extent that any of such duties is in conflict with any provision of this Agreement including Exhibit C. Specifically, and without limitation, Sub-Servicer shall be under no obligation to: (i) furnish monthly or annual statements to the Owner Trustee or the Indenture Trustee; (ii) refinance or sell Financed Vehicles; (iii) make Advances, (iv) administer or enforce Dealer Contracts; (v) indemnify the Trust; (vi) cover expenses on behalf of the Owner Trustee; (vii) obtain licenses on behalf of the Trust or the Owner Trustee, or (viii) make filings or pay fees related to ownership of the Receivables. Sub-Servicer agrees to otherwise cooperate with the Company and render assistance to it as reasonably requested in order to conform to the terms of the SSA. Sub-Servicer shall receive the fees as outlined in Schedule 2 as full compensation for its services hereunder. The fees and any reimbursement of Sub-Servicer's expenses shall be obligations of the Company. For avoidance of doubt, in the event that Company shall fail to make any payment to Sub-Servicer in accordance with the terms of this Agreement, Sub-Servicer shall have recourse to the Company only and shall have no recourse to any Collected Funds, Sales Contracts, Receivables, the related Vehicles or any proceeds of any of the ...
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NATURE AND SCOPE OF RELATIONSHIP. Contractor is an independent contractor of the District and is not an officer, agent, or employee of the District. Under no circumstances will the District have any responsibility for the acts or omissions of the Contractor or any of the Contractor's principals, officers, employees, agents, independent contractors, or subcontractors. This Agreement does not create an exclusive relationship between the parties, but District agrees to give Contractor first opportunity to provide transportation services before using another transportation service provider.
Sample 1
NATURE AND SCOPE OF RELATIONSHIP. Company hereby engages Servicer and Servicer agrees to render to Company those services described in this Agreement and in the attached Exhibit A. In performing its duties under this Agreement, Servicer shall report in writing solely to such officers or other employees of Company as Company may designate from time to time. This Agreement shall apply to all Receivables identified to the Servicer by Company for boarding.
Sample 1
NATURE AND SCOPE OF RELATIONSHIP. SST agrees to assume the duties of the servicer, acting for the benefit of the Company and the Secured Party (as assignee and pledgee of the Company), and custodian, on behalf of the Secured Party, as described in this Agreement and the attached EXHIBIT A in connection with the Receivables, the other Sold Assets and the Receivables Files (collectively, the "Serviced Assets") designated by the Administrator (on behalf of the Company) to be serviced by the Servicer (including, without limitation, managing, servicing, administering and collecting on the Receivables and other Sold Assets). In performing its duties under this Agreement, the Servicer shall report to such officers, employees or agents of the Company and the Secured Party as they may designate from time to time. The Servicer, for the benefit of the Company and its assignees or pledgees (including the Secured Party), shall: (i) act prudently in accordance with customary and usual servicing procedures for institutions which service receivables similar to the Serviced Assets; (ii) comply with all applicable federal, state and local laws and regulations governing the Servicer and the Serviced Assets; (iii) to the extent more exacting, use and exercise that degree of skill and attention that the Servicer exercises from time to time with respect to all comparable motor vehicle receivables that it services for itself or others and (iv) and otherwise act with respect to the Serviced Assets in such manner as will maximize the amount to be received by the Company with respect thereto (the "SERVICING STANDARD").
Sample 1
NATURE AND SCOPE OF RELATIONSHIP. The Substitute Servicer agrees to assume the duties of the active servicer as described in this Agreement and Paragraph II of the attached Exhibit A for all of the Designated Auto Loans. In performing its duties under this Agreement, the Substitute Servicer shall report to such officers or other employees of the Initial Lender and the Borrower as the Initial Lender and the Borrower may designate from time to time. In performing its duties hereunder, the Substitute Servicer shall: (i) act prudently in accordance with customary and usual servicing procedures for other institutional servicers; (ii) comply with all applicable Federal and State laws and regulations governing the Substitute Servicer and the Designated Auto Loans; and (iii) use and exercise that degree of skill and attention that is customary with other servicers in the industry that provide servicing relating to Designated Auto Loans.
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NATURE AND SCOPE OF RELATIONSHIP 
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Related to NATURE AND SCOPE OF RELATIONSHIP

  • Nature of Relationship The Company acknowledges and agrees that in connection with the offering and the sale of the Notes or any other services the Underwriters may be deemed to be providing hereunder, notwithstanding any preexisting relationship, advisory or otherwise, between the parties or any oral representations or assurances previously or subsequently made by the Underwriters: (i) no fiduciary or agency relationship between the Company and any other person, on the one hand, and the Underwriters, on the other hand, exists; (ii) the Underwriters are not acting as advisors, experts or otherwise, to the Company, including, without limitation, with respect to the determination of the public offering price of the Notes, and such relationship between the Company, on the one hand, and the Underwriters, on the other hand, is entirely and solely a commercial relationship, based on arms-length negotiations; (iii) any duties and obligations that the Underwriters may have to the Company shall be limited to those duties and obligations specifically stated herein; and (iv) the Underwriters and their respective affiliates may have interests that differ from those of the Company. The Company hereby waives any claims that the Company may have against the Underwriters with respect to any breach of fiduciary duty in connection with this offering.

  • Independent Contractor Relationship SELLER is an independent contractor in all its operations and activities hereunder. The employees used by SELLER to perform Work under this Contract shall be SELLER's employees exclusively without any relation whatsoever to LOCKHEED XXXXXX.

  • Independent Relationship This Agreement is not intended to constitute, create, give effect to or otherwise recognize a joint venture, partnership, or formal business organization, or agency agreement of any kind, and the rights and obligations of the Parties shall be only those expressly set forth herein.

  • Appointment; Nature of Relationship Bank One, NA is hereby appointed by each of the Lenders as its contractual representative (herein referred to as the "Agent") hereunder and under each other Loan Document, and each of the Lenders irrevocably authorizes the Agent to act as the contractual representative of such Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Agent agrees to act as such contractual representative upon the express conditions contained in this Article X. Notwithstanding the use of the defined term "Agent," it is expressly understood and agreed that the Agent shall not have any fiduciary responsibilities to any Lender by reason of this Agreement or any other Loan Document and that the Agent is merely acting as the contractual representative of the Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Lenders' contractual representative, the Agent (i) does not hereby assume any fiduciary duties to any of the Lenders, (ii) is a "representative" of the Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Lenders hereby agrees to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender hereby waives.

  • General Relationship Executive shall be considered an employee of the Company within the meaning of all federal, state and local laws and regulations including, but not limited to, laws and regulations governing unemployment insurance, workers’ compensation, industrial accident, labor and taxes.

  • No Employment Relationship Whether or not any Options are to be granted under this Plan shall be exclusively within the discretion of the Plan Administrator, and nothing contained in this Plan shall be construed as giving any person any right to participate under this Plan. The grant of an Option shall in no way constitute any form of agreement or understanding binding on the Company or any Related Company, express or implied, that the Company or any Related Company will employ or contract with an Optionee, for any length of time, nor shall it interfere in any way with the Company’s or, where applicable, a Related Company’s right to terminate Optionee’s employment at any time, which right is hereby reserved.

  • Commercial Relationship The Employee expressly acknowledges that the Employee’s participation in the Program and the Company’s grant of the Award does not constitute an employment relationship between the Employee and the Company. The Employee has been granted the Award as a consequence of the commercial relationship between the Company and the Company’s Subsidiary in Mexico that employs the Employee, and the Company’s Subsidiary in Mexico is the Employee’s sole employer. Based on the foregoing: (a) the Employee expressly acknowledges that the Program and the benefits derived from participation in the Program do not establish any rights between the Employee and the Subsidiary in Mexico that employs the Employee; (b) the Program and the benefits derived from participation in the Program are not part of the employment conditions and/or benefits provided by the Subsidiary in Mexico that employs the Employee; and (c) any modifications or amendments of the Program or benefits granted thereunder by the Company, or a termination of the Program by the Company, shall not constitute a change or impairment of the terms and conditions of the Employee’s employment with the Subsidiary in Mexico.

  • Relationship to Plan This Award is subject to all of the terms, conditions and provisions of the Plan and administrative interpretations thereunder, if any, which have been adopted by the Committee thereunder and are in effect on the date hereof. Except as defined or otherwise specifically provided herein, capitalized terms shall have the same meanings ascribed to them under the Plan.

  • Engagement of Consultant The Company hereby engages Consultant to ------------------------- assist the Company in programming services.

  • No Construction as Employment Agreement Nothing contained in this Agreement shall be construed as giving Indemnitee any right to be retained in the employ of the Company or any of its subsidiaries or affiliated entities.

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