Relationship Between The Company And The Client Sample Clauses

Relationship Between The Company And The Client. 19.1. The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. 19.2. The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and clients and on the other hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: (a) The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might: i. Enter itself into an agreement with the Client in order to execute his Order; ii. Be an issuer of the underlying assets or future contract on which the Financial Instruments in which the Client wishes to conclude a transaction is based; iii. Act on its behalf or for another client as purchaser or seller or may have an interest in the underlying assets or future contract on which the Financial Instruments of the issuer in which the Client wishes to conclude a transaction is based; or iv. Act as an agent, or have any trading or other relationship with any issuer of the underlying assets or future contract on which the Financial Instrument is based; (b) The Company may execute different orders (even contrary to one another) on behalf of different clients. (c) The Company may mitigate the risk associated with the Client's transactions with, and obtain coverage for such risk from, any company which is a member of the group of companies to which the Company belongs.
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Relationship Between The Company And The Client. ليمعلاو ةكشر لا ي ر ب ةقلاعلا 18.1. The Company reserves the right to use, employ or appoint third qualified and فرط نم يز ر بردمو يز ر لهؤم صاخشأ يز ر يعت وأ فيظوت وأ مادختسا في ز قحلاب ةكشر لا ظفتحت .18.1 duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. ماربإو رماولأا\تابلطلا ذيفنت في .ليمعلل تلاماعملا\تاقفصلا 18.2. The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and clients and on the other hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: وأ عقوت لجأ نم ،اً نكمم كلذ ناك امثيح ،ةمزلالا تاءارجلاا عيمج ذختت اهنأ ةكشر لا نلعت نمو ،اهب يز ر طبترملا ءلامعلاو صاخشلأاو ،اهنيب ةدحاو ةهج نم حلاصملا في ز براضت يأ لح براضتل ةيلاتلا تلاامتحلاا لىإ ليمعلا هابتنا ةكشر لا هجوت ،كلذ عمو .اهئلامع ىرخأ ةيحان .18.2 a. The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might: متنت تي لا تاكشر لا ةعومجم في ز وضع ةكش يأ وأ ةطبترم ةكش يأ وأ ةكشر لل زوجي .a :ةكشر لا اهيلإ i. Enter itself into an agreement with the Client in order to execute his Order; ii. Be an issuer of the underlying assets or future contract on which the Financial Instruments in which the Client wishes to conclude a transaction is based; iii. Act on its behalf or for another client as purchaser or seller or may have an interest in the underlying assets or future contract on which the Financial Instruments of the issuer in which the Client wishes to conclude a transaction is based; or iv. Act as an agent, or have any trading or other relationship with any issuer of the underlying assets or future contract on which the Financial Instrument is based; ؛هرمأ\هبلط ذيفنت لجأ نم ليمعلا عم قافتا في ز اهسفن لاخدإ دنتست يذلا ةيلبقتسملا دوقعلا وأ ةيساسلأا لوصلال رادصلاا ةهج نوكت نأ ؛اهيف ةلماعملا\ةقفصلا ماربإ في ز ليمعلا بغري تي لا ةيلاملا تاودلأا هيلإ في ةحلصم اهل نوكي دق وأ عئاب وأ يي شمك ،رخآ ليمعل وأ اهدحول فصرتلا ةيلاملا تاودلأا اهيلإ دنتست تي لا ةيلبقتسملا دوقعلا وأ ةيساسلأا لوصلأا وأ ؛هيف ةلماعملا\ةقفصلا ماربإ في ز ليمعلا بغري يذلا ردصملل رادصلا ةهج يأ عم ىرخأ ةقلاع يأ وأ ةيراجت ةقلاع اهيدل يأ وأ ليكوك لمعلا ؛ةيلاملا ةادلأا اهيلإ دنتست تي لا ةيلبقتسملا دوقعلا وأ ةيساسلأا لوصلأا .i .ii .iii .iv b. The Company may execute different orders (ev...
Relationship Between The Company And The Client. 20.1 The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of orders and the conclusion of transactions for the Client. 20.2 The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and Clients and on the other hand, between its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: i. The Company and/or any associated Company and/or any Company which is a member of the group of companies to which the Company belongs to, might: (a) Enter itself into an agreement with the Client in order to execute his/her Order; (b) Be an issuer of the Financial Instruments in which the Client wishes to conclude a transaction; (c) Act on its behalf and/or for another Client as purchaser and/or seller and may have an interest in the Financial Instruments of the issuer in which the Client wishes to conclude a transaction; (d) Act as an Agent, and/or have any trading or other relationship with any issuer; (e) Pay a fee to third persons who either recommended the Client to the Company or who mediated in any way so that the Client’s Orders are forwarded to the Company for execution. ii. The Company may execute different orders (even contrary to one another) on behalf of different Clients. 20.3 The relationship between the Company and the Client is Client-Provider relationship. There will be no employer-employee and/or partnership relationship between the Company and the Client. The Client understands and agrees that the Company profits from the trading expenses cleared from the Client’s Deposit by the Company. The Client will only be entitled to receive his Deposit or Client’s Equity back from the Company, according to the terms and provisions of this Agreement. 20.4 As stated above, the Client has read and accepted the CONFLICTS OF INTEREST POLICY the Company has adopted as this policy is mentioned in detail in the Company’s main website, public and available to all Clients.
Relationship Between The Company And The Client. 19.1. The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. 19.2. The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and clients and on the other hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: (a) The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might: i. Enter itself into an agreement with the Client in order to execute his Order; ii. Be an issuer of the underlying assets or future contract on which the Financial Instruments in which the Client wishes to conclude a transaction is based; iii. Act on its behalf or for another client as purchaser or seller or may have an interest in the underlying assets or future contract on which the Financial Instruments of the issuer in which the Client wishes to conclude a transaction is based; or future contract on which the Financial Instrument is based; (b) The Company may execute different orders (even contrary to one another) on behalf of different clients. (c) The Company may mitigate the risk associated with the Client's transactions with, and obtain coverage for such risk from, any company which is a member of the group of companies to which the Company belongs.
Relationship Between The Company And The Client. During the tour, the Company will act as travel agent for the Client, and will organize the tour on the Client's behalf, and will correspond with the Client directly. As the travel agent for the Client, the Company will manage the tour program during the tour.
Relationship Between The Company And The Client. The Company reserves the right to use, employ orappoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. The Company declares that it takes all necessary measures, where possible, in order to anticipate orsolve any conflictsofinterestbetween, ontheonehanditselfanditsassociatedpersonsandclientsandontheother hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might: i. Enter itself into an agreement with the Client in order to execute his Order;
Relationship Between The Company And The Client. 19.1. The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. CA27062021 Tel: +00000000000 | Fax: +00000000000 | xxx.xxxxxx.xxx 19.2. The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand itself and its associated persons and clients and on the other hand, its Clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest: (a) The Company or any associated company or any company which is a member of the group of companies to which the Company belongs to, might: i. Enter itself into an agreement with the Client in order to execute his Order; ii. Be an issuer of the underlying assets or future contract on which the Financial Instruments in which the Client wishes to conclude a transaction is based; iii. Act on its behalf or for another client as purchaser or seller or may have an interest in the underlying assets or future contract on which the Financial Instruments of the issuer in which the Client wishes to conclude a transaction is based; or iv. Act as an agent, or have any trading or other relationship with any issuer of the underlying assets or future contract on which the Financial Instrument is based; (b) The Company may execute different orders (even contrary to one another) on behalf of different clients. (c) The Company may mitigate the risk associated with the Client's transactions with, and obtain coverage for such risk from, any company which is a member of the group of companies to which the Company belongs.
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Relationship Between The Company And The Client. 1. The Company reserves the right to use, employ or appoint third qualified and duly trained persons for the purpose of mediating in the execution of Orders and the conclusion of Transactions for the Client. ليمعلاو ةكشر لا ي· ر ب ةقلاعلا .18 فرط نم يز ر بردمو يز ر لهؤم صاخشأ يز ر يعت وأ فيظوت وأ مادختسا في ز قحلاب ةكشر لا ظفتحت .18.1 ماربإو رماولأا\تابلطلا ذيفنت في ز طسوتلا ضرغل بجاولا وحنلا لع ثلاث .ليمعلل تلاماعملا\تاقفصلا

Related to Relationship Between The Company And The Client

  • RELATIONSHIP BETWEEN THE PARTIES A Party is not by virtue of this Agreement the employee, agent or partner of the other Party and is not authorised to bind or represent the other Party.

  • Relationship Between Parties Each party will be deemed to represent to the other party on the date on which it enters into a Transaction that (absent a written agreement between the parties that expressly imposes affirmative obligations to the contrary for that Transaction):

  • INDEMNIFICATION BY THE COMPANY AND THE OPERATING PARTNERSHIP (a) The Company and the Operating Partnership, jointly and severally, shall indemnify and hold harmless the Advisor and its Affiliates, as well as their respective officers, directors, equity holders, members, partners, stockholders, other equity holders and employees (collectively, the “Indemnitees,” and each, an “Indemnitee”), from and against all losses, claims, damages, losses, joint or several, expenses (including reasonable attorneys’ fees and other legal fees and expenses), judgments, fines, settlements, and other amounts (collectively, “Losses,” and each, a “Loss”) arising in the performance of their duties hereunder, including reasonable attorneys’ fees, to the extent such Losses are not fully reimbursed by insurance, and to the extent that such indemnification would not be inconsistent with the laws of the State of New York, the Articles of Incorporation or the provisions of Section II.G of the NASAA REIT Guidelines. Notwithstanding the foregoing, the Company and the Operating Partnership shall not provide for indemnification of an Indemnitee for any Loss suffered by such Indemnitee, nor shall they provide that an Indemnitee be held harmless for any Loss suffered by the Company and the Operating Partnership, unless all the following conditions are met: (i) the Indemnitee has determined, in good faith, that the course of conduct that caused the loss or liability was in the best interest of the Company and the Operating Partnership; (ii) the Indemnitee was acting on behalf of, or performing services for, the Company or the Operating Partnership; (iii) such Loss was not the result of negligence or willful misconduct by the Indemnitee; and (iv) such indemnification or agreement to hold harmless is recoverable only out of the Company’s net assets and not from the Stockholders. (b) Notwithstanding the foregoing, an Indemnitee shall not be indemnified by the Company and the Operating Partnership for any Losses arising from or out of an alleged violation of federal or state securities laws by such Indemnitee unless one or more of the following conditions are met: (i) there has been a successful adjudication on the merits of each count involving alleged securities law violations as to the Indemnitee; (ii) such claims have been dismissed with prejudice on the merits by a court of competent jurisdiction as to the Indemnitee; or (iii) a court of competent jurisdiction approves a settlement of the claims against the Indemnitee and finds that indemnification of the settlement and the related costs should be made, and the court considering the request for indemnification has been advised of the position of the Securities and Exchange Commission and of the published position of any state securities regulatory authority in which securities of the Company or the Operating Partnership were offered or sold as to indemnification for violation of securities laws. (c) In addition, the advancement of the Company’s or the Operating Partnership’s funds to an Indemnitee for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought is permissible only if all the following conditions are satisfied: (i) the legal action relates to acts or omissions with respect to the performance of duties or services on behalf of the Company or the Operating Partnership; (ii) the legal action is initiated by a third party who is not a Stockholder or the legal action is initiated by a Stockholder acting in such Stockholder’s capacity as such and a court of competent jurisdiction specifically approves such advancement; and (iii) the Indemnitee undertakes to repay the advanced funds to the Company or the Operating Partnership, together with the applicable legal rate of interest thereon, in cases in which such Indemnitee is found not to be entitled to indemnification.

  • Indemnification of the Company and the Selling Stockholders The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”).

  • Covenants of the Company and the Operating Partnership The Company and the Operating Partnership, jointly and severally, covenant with each Underwriter as follows:

  • Further Agreements of the Company and the Underwriters (a) The Company agrees: (i) To prepare the Prospectus in a form approved by the Representative and to file such Prospectus pursuant to Rule 424(b) under the Securities Act not later than the Commission’s close of business on the second business day following the execution and delivery of this Agreement; to make no further amendment or any supplement to the Registration Statement or the Prospectus prior to the last Delivery Date except as provided herein; to advise the Representative, promptly after it receives notice thereof, of the time when any amendment or supplement to the Registration Statement or the Prospectus has been filed and to furnish the Representative with copies thereof; to advise the Representative, promptly after it receives notice thereof, of the issuance by the Commission of any stop order or of any order preventing or suspending the use of the Prospectus or any Issuer Free Writing Prospectus, of the suspension of the qualification of the Securities for offering or sale in any jurisdiction, of the initiation or threatening of any proceeding or examination for any such purpose or of any request by the Commission for the amending or supplementing of the Registration Statement, the Prospectus or any Issuer Free Writing Prospectus or for additional information; and, in the event of the issuance of any stop order or of any order preventing or suspending the use of the Prospectus or any Issuer Free Writing Prospectus or suspending any such qualification, to use promptly its best efforts to obtain its withdrawal. (ii) To furnish promptly to the Representative and to counsel for the Underwriters a conformed copy of the Registration Statement as originally filed with the Commission, and each amendment thereto filed with the Commission, including all consents and exhibits filed therewith. (iii) To deliver promptly, without charge, to the Representative such number of the following documents as the Representative shall reasonably request: (A) conformed copies of the Registration Statement as originally filed with the Commission and each amendment thereto (in each case excluding exhibits other than this Agreement and the computation of per share earnings), (B) each Preliminary Prospectus, the Prospectus and any amended or supplemented Prospectus, and (C) each Issuer Free Writing Prospectus; and, if the delivery of a prospectus is required at any time after the date hereof in connection with the offering or sale of the Securities or any other securities relating thereto and if at such time any events shall have occurred as a result of which the Prospectus as then amended or supplemented would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made when such Prospectus is delivered, not misleading, or, if for any other reason it shall be necessary to amend or supplement the Prospectus in order to comply with the Securities Act, to notify the Representative and to file such document and, upon their request, to prepare and furnish without charge to each Underwriter and to any dealer in securities as many copies as the Representative may from time to time reasonably request of an amended or supplemented Prospectus that will correct such statement or omission or effect such compliance. (iv) To file promptly with the Commission any amendment or supplement to the Registration Statement or the Prospectus that may, in the judgment of the Company or the Representative, be required by the Securities Act or requested by the Commission. (v) Prior to filing with the Commission any amendment or supplement to the Registration Statement or the Prospectus, to furnish a copy thereof to the Representative and counsel for the Underwriters and consult in good faith with the Representative to the filing. (vi) Not to make any offer relating to the Securities that would constitute an Issuer Free Writing Prospectus without the prior written consent of the Representative. (vii) To comply with all applicable requirements of Rule 433 under the Securities Act with respect to any Issuer Free Writing Prospectus. If at any time after the date hereof any events shall have occurred as a result of which any Issuer Free Writing Prospectus, as then amended or supplemented, would conflict with the information in the Registration Statement, the most recent Preliminary Prospectus or the Prospectus or would include an untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, or, if for any other reason it shall be necessary to amend or supplement any Issuer Free Writing Prospectus, to notify the Representative and to file such document and, upon their request, to prepare and furnish without charge to each Underwriter as many copies as the Representative may from time to time reasonably request of an amended or supplemented Issuer Free Writing Prospectus that will correct such conflict, statement or omission or effect such compliance. (viii) To make generally available to the Company’s security holders and to the Representative as soon as practicable but no later than the Availability Date (as defined below), an earnings statement covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder (including but not limited to Rule 158 under the Securities Act). For the purpose of the preceding sentence, “Availability Date” means the 60th day after the end of the fourth fiscal quarter following the fiscal quarter that includes such Effective Time, except that, if such fourth fiscal quarter is the last quarter of the Company’s fiscal year, “Availability Date” means the 120th day after the end of such fourth fiscal quarter.

  • 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.

  • Representations and Warranties by the Company and the Operating Partnership Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

  • Indemnification of the Company and the Guarantors Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, each Guarantor, each officer of the Company or a Guarantor who signed the Registration Statement, each of their respective directors and each person, if any, who controls the Company or any Guarantor within the meaning of the Securities Act or the Exchange Act, against any loss, claim, damage, liability or expense, as incurred, to which the Company, any Guarantor, any officer of the Company or a Guarantor who signed the Registration Statement or any such director or controlling person may become subject, under the Securities Act, the Exchange Act, or other federal or state statutory law or regulation, or at common law or otherwise (including in settlement of any litigation, if such settlement is effected with the written consent of such Underwriter), insofar as such loss, claim, damage, liability or expense (or actions in respect thereof as contemplated below) arises out of or is based upon any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), or the omission or alleged omission therefrom of a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was made in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein; and to reimburse the Company, any Guarantor and each such director or controlling person for any and all expenses (including the fees and disbursements of counsel) as such expenses are reasonably incurred by the Company, any Guarantor or such director or controlling person in connection with investigating, defending, settling, compromising or paying any such loss, claim, damage, liability, expense or action. Each of the Company and the Guarantors hereby acknowledges that the only information that the Underwriters through the Representatives have furnished to the Company expressly for use in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the eleventh paragraph (beginning “Neither we nor any of the underwriters...”) under the caption “Underwriting” in the Prospectus. The indemnity agreement set forth in this Section 7(b) shall be in addition to any liabilities that each Underwriter may otherwise have.

  • Respective Liabilities of the Company and the Master Servicer The Company and the Master Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically and respectively imposed upon and undertaken by the Company and the Master Servicer herein. By way of illustration and not limitation, the Company is not liable for the servicing and administration of the Mortgage Loans, nor is it obligated by Section 7.01 or Section 10.01 to assume any obligations of the Master Servicer or to appoint a designee to assume such obligations, nor is it liable for any other obligation hereunder that it may, but is not obligated to, assume unless it elects to assume such obligation in accordance herewith.

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