Common use of NO PARTNERSHIP OR AGENCY; NO SPECIAL TREATMENT Clause in Contracts

NO PARTNERSHIP OR AGENCY; NO SPECIAL TREATMENT. Neither this Agreement nor any activity hereunder shall create a general or limited partnership, association, joint venture, branch or agency relationship between Correspondent and ICS. Correspondent shall not hold itself out as an agent of ICS or of any subsidiary or company controlled directly or indirectly by or affiliated with ICS, nor shall it employ ICS’ name in any manner that creates the impression that the relationship created or intended between them is anything other than that of clearing broker and introducing broker. Correspondent shall not, without the prior written approval of ICS, place any advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to ICS or to the execution and clearing arrangements contemplated by this Agreement. Should Correspondent in any way hold itself out as, advertise or otherwise represent that it is the agent of ICS, ICS shall have the right, at its option, in addition to such other rights and remedies as it may have, to terminate this Agreement and/or to obtain injunctive relief or any other provisional remedy in any New York federal or state court, and Correspondent shall be liable for any loss, liability, damage, claim, cost or expense (including but not limited to attorneys’ fees) sustained or incurred as a result of such representation of agency. No such application for a provisional remedy, however, nor any act by either party in furtherance of or in opposition to such application, shall constitute a relinquishment or waiver of any right to have the underlying dispute or controversy with respect to which such application is made settled by arbitration in accordance with Section XXI.L. of this Agreement. This Agreement is not intended, nor shall it be construed, to bestow upon Correspondent any special treatment regarding any other arrangements, agreements or understandings that exist or may hereafter exist between the parties. Neither party shall have any obligation to deal with the other in any capacity other than as set forth in this Agreement.

Appears in 2 contracts

Samples: Fully Disclosed Clearing Agreement, Fully Disclosed Clearing Agreement (Nasdaq Stock Market Inc)

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NO PARTNERSHIP OR AGENCY; NO SPECIAL TREATMENT. Neither this Agreement nor any activity hereunder shall create a general or limited partnership, association, joint venture, branch or agency relationship between Correspondent and ICSRidge. Correspondent shall not hold itself out as an agent of ICS Ridge or of any subsidiary or company controlled directly or indirectly by or affiliated with ICSRidge, nor shall it employ ICS’ Ridge’s name in any manner that creates the impression that the relationship created or intended between them is anything other than that of clearing broker and introducing broker. Correspondent shall not, without the prior written approval of ICSRidge, place any advertisement advertise­ment in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to ICS Ridge or to the execution and clearing arrangements contemplated by this Agreement. Correspondent shall not, without the prior written approval of Ridge, furnish any link to the website(s) of Ridge or its affiliates. Should Correspondent in any way hold itself out as, advertise or otherwise represent that it is the agent of ICSRidge, ICS Ridge shall have the right, at its option, in addition to such other rights and remedies as it may have, to terminate termi­nate this Agreement and/or to obtain injunctive relief or any other provisional provision­al remedy in any New York federal or state court, and Correspondent shall be liable for any loss, liabilityliabili­ty, damage, claim, cost or expense (including including, but not limited to to, attorneys’ feesfees and expenses) sustained or incurred as a result of such representation of agency. No such application applica­tion for a provisional provi­sional remedy, however, nor any act by either party in furtherance fur­therance of or in opposition to such applicationapplica­tion, shall constitute a relinquishment or waiver of any right to have the underlying dispute or controversy con­troversy with respect to which such application is made settled by arbitration arbi­tration in accordance accor­dance with Section XXI.L. XXI.M. of this Agreement. This Agreement is not intended, nor shall it be construed, to bestow upon Correspondent any special treatment regarding any other arrangements, agreements or understandings that exist or may hereafter exist between the partiesparties or their affiliates. Neither party shall have any obligation to deal with the other in any capacity other than as set forth in this Agreement.

Appears in 2 contracts

Samples: Fully Disclosed Clearing Agreement (Broadpoint Securities Group, Inc.), Fully Disclosed Clearing Agreement (Broadpoint Securities Group, Inc.)

NO PARTNERSHIP OR AGENCY; NO SPECIAL TREATMENT. Neither this Agreement nor any activity hereunder shall create a general or limited partnership, association, joint venture, branch or agency relationship between Correspondent and ICSRidge. Correspondent shall not hold itself out as an agent of ICS Ridge or of any subsidiary or company controlled directly or indirectly by or affiliated with ICSRidge, nor shall it employ ICS’ Ridge’s name in any manner that creates the impression that the relationship created or intended between them is anything other than that of clearing broker and introducing broker. Correspondent shall not, without the prior written approval of ICSRidge, place any advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to ICS Ridge or to the execution and clearing arrangements contemplated by this Agreement. Correspondent shall not, without the prior written approval of Ridge, furnish any link to the website(s) of Ridge or its affiliates. Should Correspondent in any way hold itself out as, advertise or otherwise represent that it is the agent of ICSRidge, ICS Ridge shall have the right, at its option, in addition to such other rights and remedies as it may have, to terminate this Agreement and/or to obtain injunctive relief or any other provisional remedy in any New York federal or state court, and Correspondent shall be liable for any loss, liability, damage, claim, cost or expense (including including, but not limited to to, attorneys’ feesfees and expenses) sustained or incurred as a result of such representation of agency. No such application for a provisional remedy, however, nor any act by either party in furtherance of or in opposition to such application, shall constitute a relinquishment or waiver of any right to have the underlying dispute or controversy with respect to which such application is made settled by arbitration in accordance with Section XXI.L. XXI.M. of this Agreement. This Agreement is not intended, nor shall it be construed, to bestow upon Correspondent any special treatment regarding any other arrangements, agreements or understandings that exist or may hereafter exist between the partiesparties or their affiliates. Neither party shall have any obligation to deal with the other in any capacity other than as set forth in this Agreement.

Appears in 1 contract

Samples: Fully Disclosed Clearing Agreement (Hudson Holding Corp)

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NO PARTNERSHIP OR AGENCY; NO SPECIAL TREATMENT. Neither this Agreement nor any activity hereunder shall create a general or limited partnership, association, joint venture, branch or agency relationship between Correspondent and ICSClearing Broker. Correspondent shall not hold itself out as an agent of ICS Clearing Broker or of any subsidiary or company controlled directly or indirectly by or affiliated with ICSClearing Broker, nor shall it employ ICS’ Clearing Broker's name in any manner that creates the impression that the relationship created or intended between them is anything other than that of clearing broker and introducing broker. Correspondent shall not, without the prior written approval of ICSClearing Broker, place any advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to ICS Clearing Broker or to the execution and clearing arrangements contemplated by this Agreement. Should Correspondent in any way hold itself out as, advertise or otherwise represent that it is the agent of ICSClearing Broker, ICS Clearing Broker shall have the right, at its option, in addition to such other rights and remedies as it may have, to immediately terminate this Agreement and/or to obtain injunctive relief or any other provisional remedy in any New York Illinois federal or state court, and Correspondent shall be liable for any loss, liability, damage, claim, cost or expense (including but not limited to attorneys' fees) sustained or incurred as a result of such representation of agency. No such application for a provisional remedy, however, nor any act by either party in furtherance of or in opposition to such application, shall constitute a relinquishment or waiver of any right to have the underlying dispute or controversy with respect to which such application is made settled by arbitration in accordance with Section XXI.L. of this Agreement. This Agreement is not intended, nor shall it be construed, to bestow upon Correspondent any special treatment regarding any other arrangements, agreements or understandings that exist or may hereafter exist between the parties. Neither party shall have any obligation to deal with the other in any capacity other than as set forth in this Agreement.

Appears in 1 contract

Samples: Fully Disclosed Clearing Agreement (Clayton Dunning Group)

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