Participation by Affiliates. Vendor or any Affiliate of Vendor shall sell, deliver, install, and test, as applicable, the Products requested by Procurement Document submitted by BTE or any Affiliate of BTE. Accordingly, references to BTE and to Vendor in this Agreement shall include the parties’ respective Affiliates, as applicable and where the context so requires. Notwithstanding the generality of the foregoing, Products purchased by an Affiliate of BTE shall be included in the calculation of all discounts for which BTE and its Affiliates are eligible.
Participation by Affiliates. In making Awards to Consultants and Employees employed by an Affiliate, the Committee shall be acting on behalf of the Affiliate, and to the extent the Company has an obligation to reimburse the Affiliate for compensation paid to Consultants and Employees for services rendered for the benefit of the Company, such payments or reimbursement payments may be made by the Company directly to the Affiliate, and, if made to the Company, shall be received by the Company as agent for the Affiliate.
Participation by Affiliates. The Company may permit other affiliated corporations whose employees participate in the Plan ("Affiliates") to contribute to this Trust. Each participant shall be identified as being employed by either the Company or an Affiliate, and all participant accounts shall also be so identified. The assets in aggregate attributable to each Affiliate's employees (the "Affiliate Accounts") shall be deemed to be held in a separate subtrust and shall be subject solely to the claims of the participants employed by that respective Affiliate and its creditors, the Affiliate shall be treated as the grantor of the Affiliate Accounts, and Articles 2, 3 and 4 herein shall be applied separately to the Affiliate Accounts with reference to the respective Affiliate as if the Affiliate were the "Company." Notwithstanding the foregoing, if the Company contributes Employer Securities on behalf of an Affiliate's employees, such Employer Securities shall be allocated to the account of such employees, shall be deemed to be in the Affiliate's subtrust, and shall also be subject to the Company's general creditors. Additionally, any such Employer Securities contributed by the Company and remaining after distribution to the Affiliate's participants upon termination of the Trust or the Affiliate's deemed subtrust, shall revert to the Company rather than the Affiliate.
Participation by Affiliates. UMMS represents that it has the authority to enter into this Agreement for itself and on behalf of its Affiliates. UMMS and each Affiliate may purchase and/or obtain the Services from Vendor in accordance with this Agreement upon issuance of a Purchase Order to Vendor. This Agreement and any Purchase Order do not create any joint and several liabilities among UMMS and its Affiliates. Each Purchase Order submitted by an Affiliate is the obligation of the Affiliate issuing the Purchase Order. In no event shall UMMS or any other Affiliate that is not a party to a specific Purchase Order be liable for any payments in connection with such Purchase Order. Vendor shall have no right of offset against or among UMMS or any Affiliate. UMMS Master Purchase Agreement_Services | 2021
Participation by Affiliates. It is acknowledged and understood that each of the parties hereto may from time to time perform some or all of its obligations hereunder through one or more of its Affiliates. In that regard, each of the parties agrees (i) not to permit a person that is not an Affiliate to perform any of its obligations hereunder (except to the extent not prohibited by Section 17.1), (ii) if the participation of the Affiliate is not in the ordinary course of business, to notify the other party in writing prior to the participation of the Affiliate in this Agreement, describing the Affiliate and its expected involvement hereunder, (iii) to ensure that its Affiliates comply with all of the provisions hereof, (iv) that the other party hereto will not be in a direct contractual relationship with such Affiliate and (v) that the party involving such Affiliate shall be responsible to the other party hereto, both as primary obligor and as guarantor, for the performance of all of its obligations hereunder, and for the conduct of its Affiliates.
Participation by Affiliates. An affiliated builder ("Affiliate") is defined as any home building entity in which the Builder has an ownership interest of at least 10% or in which the principals of the Builder serve as officers or directors. A wholly owned Affiliate of the Builder, or an Affiliate which is controlled by the Builder, may apply for participation by completing a separate Builder Application for each Affiliate and by listing the Affiliate on the multiple entity participation form provided by PWSC. PWSC reserves the right to decline participation to any Affiliate where PWSC, in its sole judgment, determines that the Affiliate's participation constitutes an unacceptable risk. The Builder shall be responsible for compliance by its Affiliates with all terms of this Participation Agreement and an Affiliate’s performance of all obligations under any Builder’s Limited Warranty issued on homes enrolled by an Affiliate in the PWSC Program.
Participation by Affiliates. The Employer is solely responsible for supervising the process by which such Affiliated Employer participates in the Plan and for ensuring the qualified status of the Plan and the tax-exempt status of the Trust are not thereby adversely affected. The Administrator shall keep records showing the assets attributable to each such Affiliated Employer contributing to the Trust; provided, that at the written request of the Administrator, the Trustee shall account separately within the Trust for the assets attributable to each Affiliated Employer.
Participation by Affiliates. Such Purchaser acknowledges and agrees that the officers, directors, affiliates and other insiders of the Company and of Northeast Auto are permitted to purchase Units in the Offering and that any such purchases shall be counted toward the amount of the Offering.
Participation by Affiliates. Affiliates of the Customer, in which the Customer has an equity ownership interest of **** or greater (“Customer Affiliates”), may purchase Services pursuant to this Agreement. Customer shall remain financially responsible to the Company for all charges incurred by Customer Affiliates hereunder. The Services provided hereunder are intended solely for the use and benefit of Customer and Customer Affiliates. Customer Affiliates shall have no direct recourse to the Company and shall direct all matters relating to ordering, delivery, availability, or quality of services to Customer. Use of the Services by Customer Affiliates shall be deemed a use of the Services by Customer.
Participation by Affiliates. UMMS represents that it has the authority to enter into this Agreement for itself and on behalf of its Affiliates. Vendor expressly agrees that upon any Affiliate not listed on Schedule A executing a Letter of Participation, the Affiliate may participate in this Agreement and shall UMMS Master Purchase Agreement – Products & Services | 2022 have all of the same rights and interests under this Agreement as Affiliates listed in Schedule A, including but not limited to the right to enforce the terms of this Agreement. UMMS and each Affiliate may purchase and/or obtain the Services from Vendor in accordance with this Agreement upon issuance of a Purchase Order to Vendor and a separate mutually executed Statement of Work. This Agreement and any Purchase Order or Affiliate specific SOW do not create any joint and several liabilities among UMMS and its Affiliates. Each Purchase Order submitted by an Affiliate is the obligation of the Affiliate issuing the Purchase Order. In no event shall UMMS or any other Affiliate that is not a party to a specific Purchase Order or SOW be liable for any payments in connection with such Purchase Order or SOW. Vendor shall have no right of offset against or among UMMS or any Affiliate.
