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 Ridge. Correspondent shall not hold itself out as an agent of Ridge or of any subsidiary or company controlled directly or indirectly by or affiliated with Ridge, nor shall it employ 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 Ridge, place any advertise­ment in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to 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 Ridge, 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, but not limited to, attorneys’ fees 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.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 parties 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: Clearing Agreement (Broadpoint Securities Group, Inc.), Agreement (Broadpoint Securities Group, 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 RidgeICS. Correspondent shall not hold itself out as an agent of Ridge ICS or of any subsidiary or company controlled directly or indirectly by or affiliated with RidgeICS, nor shall it employ Ridge’s 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 RidgeICS, place any advertise­ment advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to Ridge ICS 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 RidgeICS, Ridge ICS 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’ fees and expensesfees) 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.M. 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 or their affiliatesparties. 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: www.sec.gov, Fully Disclosed Clearing Agreement (Nasdaq Stock Market 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 Ridge. Correspondent shall not hold itself out as an agent of Ridge or of any subsidiary or company controlled directly or indirectly by or affiliated with Ridge, nor shall it employ 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 Ridge, place any advertise­ment advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to 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 Ridge, 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, but not limited to, attorneys’ fees 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.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 parties 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: 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 RidgeClearing Broker. Correspondent shall not hold itself out as an agent of Ridge Clearing Broker or of any subsidiary or company controlled directly or indirectly by or affiliated with RidgeClearing Broker, nor shall it employ Ridge’s 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 RidgeClearing Broker, place any advertise­ment advertisement in any newspaper, publication, periodical or any other media if such advertisement in any manner makes reference to Ridge Clearing Broker 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 RidgeClearing Broker, Ridge Clearing Broker shall have the right, at its option, in addition to such other rights and remedies as it may have, to termi­nate immediately terminate this Agreement and/or to obtain injunctive relief or any other provision­al provisional remedy in any New York Illinois 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’ fees and expenses' fees) 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.M. 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 or their affiliatesparties. 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: Clearing Agreement (Clayton Dunning Group)

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