OF THE CONTRIBUTOR Sample Clauses

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OF THE CONTRIBUTOR. The Contributor represents and warrants to the Partnership as follows as of the Effective Time:

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Related to OF THE CONTRIBUTOR

• of the Contract If the beneficiary qualifies to continue this Contract, and we receive the beneficiary's election within 60 days of receipt of proof of your death, the beneficiary may continue your Contract pursuant to this Item 6 under the terms set forth in (a) through (h) below. Your Contract may be continued by one or more beneficiaries (collectively, the "Continuation Beneficiary"). If there is more than one beneficiary, the election must be provided to us within 60 days by each beneficiary with respect to that beneficiary's portion of the Annuity Account Value. For any beneficiary who does not so timely elect, we will pay that beneficiary's share of the death benefit under Section 6.01 of the Contract in a lump sum.

• Of the Company To induce the Advisor to enter into this Agreement, the Company hereby represents and warrants that:

• of the Code In the event that there is a final determination by the Internal Revenue Service, a final determination by a court of competent jurisdiction or a change in the provisions of the Code or regulations pursuant to which an Underpayment arises under this Agreement, any such Underpayment shall be promptly paid by the Company to or for the benefit of Employee, together with interest at the applicable Federal rate provided for in Section 7872(f)(2) of the Code.

• of the Custodial Agreement The Trust hereby acknowledges and agrees to the terms of the Custodial Agreement.

• Term of the Contract The term of the Contract will begin on the Effective Date and will conclude on the Expiration Date. The Parties may renew the Contract for an additional period or periods, but the Contract Term may not exceed a total of eight (8) years. All reserved contract extensions beyond the Expiration Date will be subject to good faith negotiations between the Parties and mutual agreement to the extension(s).

• Seller For each Mortgage Loan, the seller of such Mortgage Loan pursuant to the Mortgage Loan Purchase Agreement.

• Liability of the Company and the Master Servicer The Company and the Master Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company or the Master Servicer, as applicable, herein.

• SUBJECT OF THE CONTRACT 2.1 The Seller undertakes to sell to the Purchaser, who undertakes to buy from the Seller, at the terms and conditions specified in this Contract, a certain quantity of ordinary Telecom Italia S.p.A. shares, with a nominal value of 0.55 Euros each, regular use (hereinafter referred to as the "SHARES") at a purchase price (hereinafter referred to as the "PURCHASE PRICE") in any case not above a price of 3.50 Euros per Share (the "MAXIMUM PRICE"). The quantity of Shares subject to sale and the Purchase Price will be established on the basis of Article 4 below.

• Property of the Company (i) Except as otherwise provided herein, all lists, records and other non-personal documents or papers (and all copies thereof) relating to the Company and/or any of its subsidiaries or divisions, including such items stored in computer memories, on microfiche or by any other means, made or compiled by or on behalf of the Employee, or made available to the Employee, are and shall be the property of the Company, and shall be delivered to the Company on the date of termination of the Employee's employment with the Company, or sooner upon request of the Company at any time or from time to time.

• Return of the Company’s Property If Executive’s employment is terminated for any reason, the Company shall have the right, at its option, to require Executive to vacate his or her offices prior to or on the effective date of termination and to cease all activities on the Company’s behalf. Upon the termination of his or her employment in any manner, as a condition to the Executive’s receipt of any post-termination benefits described in this Agreement, Executive shall immediately surrender to the Company all lists, books and records of, or in connection with, the Company’s business, and all other property belonging to the Company, it being distinctly understood that all such lists, books and records, and other documents, are the property of the Company. Executive shall deliver to the Company a signed statement certifying compliance with this Section 4(j) prior to the receipt of any post-termination benefits described in this Agreement.