Other Goods or Services. (a) The Company may accept other goods or other services provided by the Advisor in connection with the operation of assets, provided that: (i) the Advisor determines such self-dealing arrangement is in the best interest of the Company; (ii) the terms pursuant to which all such goods or services are provided to the Company by the Advisor shall be embodied in a written contract, the material terms of which must be fully disclosed to the Shareholders; (iii) the written contract may only be modified by vote of a majority of then outstanding Common Shares and (iv) the contract shall contain a clause allowing termination without penalty on sixty (60) days’ prior notice. Without limitation to the foregoing, arrangements to provide such goods or other services must meet all of the following criteria: (X) the Advisor must be independently engaged in the business of providing such goods or services to persons other than its Affiliates and at least thirty-three percent (33%) of the Advisor’s associated gross revenues must come from persons other than its Affiliates; (Y) the compensation, price or fee charged for providing such goods or services must be comparable and competitive with the compensation, price or fee charged by persons other than the Advisor in the same geographic location who provide comparable goods or services which could reasonably be made available to the Company; and (Z) except in extraordinary circumstances, the compensation and other material terms of the arrangement must be fully disclosed to the Shareholders. Extraordinary circumstances are limited to instances when immediate action is required and the goods or services are not immediately available from persons other than the Advisor.
(b) Notwithstanding the foregoing subsection (a)(X), if the Advisor is not engaged in the business to the extent required by such clause, the Advisor may provide to the Company other goods or other services if all of the following additional conditions are met: (i) the Advisor can demonstrate the capacity and capability to provide such goods or services on a competitive basis; (ii) the goods or services are provided at the lesser of cost or the competitive rate charged by persons other than the Advisor in the same geographic location who are in the business of providing comparable goods or services; (iii) the cost is limited to the reasonable necessary and actual expenses incurred by the Advisor on behalf of the Company in providing such goods or services, excl...
Other Goods or Services. Kibo Technical is not liable for any other Goods, or service provided by any Third-Party.
Other Goods or Services a. We may supply you with other goods and services in addition to the supply of energy.
b. The terms and conditions you agree to for those other goods and services may either:
i. state that they form part of your market retail contract, in which case these Contract Terms and Conditions apply to the supply of those goods and services unless expressly or impliedly modified; or
ii. state that they form a separate contract to your market retail contract, in which case those terms and conditions may still incorporate clauses from this market retail contract by referring to these Contract Terms and Conditions.
Other Goods or Services. LendingTree may, in its sole discretion, provide software, technology and/or services to Priceline, its affiliates or other third parties for the purpose of allowing such parties to operate portions of or web pages accessed from the Priceline web site other than the Mortgage Web Pages, provided, however, that such parties enters into an acceptable agreement(s) with LendingTree. LendingTree shall be under no obligation to provide and/or upon ninety (90) days advance notice to Priceline may discontinue providing such goods and/or services in the absence of such an agreement."
Section 11.1 is hereby deleted in its entirety and replaced with the following:
Other Goods or Services. We are not liable for any other deliverable, including website, goods, or service provided by any third party.
