Necessary Parties. All of the understandings, agreements, representations and warranties contained herein are solely for the benefit of the Fund and the Custodian, and there are no other parties who are intended to be benefited by this Agreement.
Necessary Parties. All of the understandings, agreements, representations and warranties contained herein are solely for the benefit of the Clients, the Series and the Custodian and there are no other parties who are intended to be benefited, in any way whatsoever, by this Agreement.
Necessary Parties. The Trustee reserves the right to seek a judicial or administrative determination as to its proper course of action under this Agreement. Nothing contained herein will be construed or interpreted to deny the Trustee or the Company the right to have the Trustee's account judicially determined. To the extent permitted by law, only the Trustee and the Company shall be necessary parties in any application to the courts for an interpretation of this Agreement or for an accounting by the Trustee, and no participant or beneficiary under the Plan or other person having an interest in the Fund shall be entitled to any notice or service of process. Any final judgment entered in such an action or proceeding shall, to the extent permitted by law, be conclusive upon all persons.
Necessary Parties. The Trustee reserves the right to seek a judicial or administrative determination as to its proper course of action under this Agreement. To the extent permitted by Applicable Laws, only the Trustee, and the Company shall be necessary parties in any application to the Courts for an interpretation of this Agreement, and no other person having any interest in the Fund shall be entitled to any notice or service of process. Any final judgment entered in such an action or proceeding shall, to the extent permitted by law, be conclusive upon all persons.
Necessary Parties. To the extent permitted by law, only the Employer and the Trustee (or Custodian, if applicable) will be necessary parties in any application to the courts for an interpretation of this Agreement or for an accounting by the Trustee (or Custodian, if applicable), and no other plan fiduciary, participant, beneficiary, or other person having an interest in the Fund will be entitled to any notice or service of process. Any final judgment entered in such an action or proceeding will, to the extent permitted by law, be conclusive upon all persons claiming in this Agreement.
Necessary Parties. 11 20. EXECUTION IN COUNTERPARTS...............................................11 TAXPAYER IDENTIFICATION NUMBER CERTIFICATION..................................13 CUSTODY AGREEMENT THIS CUSTODY AGREEMENT is effective as of November 1, 2000 ("Agreement") by and between those registered investment companies listed on Schedule A hereto (each a "Client") on behalf of certain of their respective series, as listed on Schedule A (individually and collectively the "Series") and MELLON BANK, N.A., a national banking association with its principal place of business at Xxx Xxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000 ("Custodian").
Necessary Parties. A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Necessary Parties. No Party shall be required to submit to arbitration hereunder unless all Persons who are not Parties, but who are necessary parties to a complete resolution of the controversy, submit to the arbitration process on the same terms as the Parties.
Necessary Parties. 17 9.6 No Third Party Beneficiaries.............................. 18 9.7 Execution in Counterparts................................. 18 9.8
Necessary Parties. Arbitration arising out of or relating to the Contract shall include at Buyer's election by consolidation, joinder or in any other manner any other person who is not a party to the Contract if: (i) the inclusion of such other person is necessary for complete relief to be afforded among those who are already parties to the arbitration; or (ii) such other person or entity is involved in a question of law or fact common to the parties to the arbitration and which will arise in such proceedings; or (iii) the written consent of the other person sought to be included and of Buyer has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent.
