Representations and Obligations of Subscriber Sample Clauses

Representations and Obligations of Subscriber. (a) Subscriber represents and agrees that it shall:
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Representations and Obligations of Subscriber. (a) Subscriber represents and agrees that it shall: (i) calculate and report Data to Nasdaq consistently in accordance with the provisions of this Agreement and any applicable Nasdaq Requirements. Subscriber shall only submit Data for Funds (i) set forth on Attachment A hereto; and (ii) that have authorized Subscriber to submit Data; (ii) submit to Nasdaq, on behalf of each Fund, within thirty (30) days of request, a statement issued by an officer that confirms that the Fund meets the continued MFQS listing standards for the applicable calendar year; (iii) maintain records of the Data submitted to Nasdaq pursuant to the Nasdaq Requirements and make such records available to any authorized representative of Nasdaq upon reasonable advance request during normal business hours; (iv) promptly notify Nasdaq of any change in the name of the Subscriber or a Fund, the address of either the Subscriber or a Fund or other relevant material listing or corporate action information. Material inaccuracies in any Data, including daily reports, shall be subject to the same obligations to Nasdaq and the public as Nasdaq issuers are required with respect to the disclosure of material information; (v) grant to Nasdaq a non-exclusive, non-transferable, worldwide, irrevocable right and license to receive, and use the Data for the following purposes: (i) for commercial dissemination to the press and certain quotation vendors; (ii) for self-regulatory functions; and (iii) for use within Nasdaq commercial market data products. The delivery of the Data to Nasdaq shall be conclusively deemed to effect this right and license. Nothing herein, however, shall diminish the ownership right of the Subscriber in its own Data or in the Data’s use outside of this Agreement; (vi) grant to Nasdaq a non-exclusive, non-transferable worldwide right and license to receive and redistribute publicly available Fund prospectuses and other SEC or FSA required documentation for the purpose of dissemination to the market data community in accordance with applicable law; and (vii) use any back-up option provided by Nasdaq only as a back-up in cases where the primary means of access to MFQS is unavailable. The means by which Subscriber shall access MFQS shall be determined by Nasdaq, and Nasdaq may, but shall not be obligated to, provide Subscriber with an opportunity to subscribe to a back-up system, in addition to Subscriber’s primary means of access to MFQS. (b)

Related to Representations and Obligations of Subscriber

  • RIGHTS AND OBLIGATIONS OF THE CUSTOMER 9.1 The Customer shall:

  • Continuing Nature of Representations and Warranties The representations and warranties set forth in this Section are made as of the Effective Date and deemed made continually throughout the Term. If at any time during the Term, any Party obtains actual knowledge of any event or information which causes any of the representations and warranties in this Article 7 to be materially untrue or misleading, such Party shall provide the other Party with written notice of the event or information, the representations and warranties affected, and the action, if any, which such Party intends to take to make the representations and warranties true and correct. The notice required pursuant to this Section shall be given as soon as practicable after the occurrence of each such event.

  • Representations and Covenants In accordance with IRS Notice 2001-82 and IRS Notice 88-129, the Interconnection Customer represents and covenants that (i) ownership of the electricity generated at the Large Generating Facility will pass to another party prior to the transmission of the electricity on the CAISO Controlled Grid, (ii) for income tax purposes, the amount of any payments and the cost of any property transferred to the Participating TO for the Participating TO's Interconnection Facilities will be capitalized by the Interconnection Customer as an intangible asset and recovered using the straight-line method over a useful life of twenty (20) years, and (iii) any portion of the Participating TO's Interconnection Facilities that is a “dual-use intertie,” within the meaning of IRS Notice 88-129, is reasonably expected to carry only a de minimis amount of electricity in the direction of the Large Generating Facility. For this purpose, “de minimis amount” means no more than 5 percent of the total power flows in both directions, calculated in accordance with the “5 percent test” set forth in IRS Notice 88- 129. This is not intended to be an exclusive list of the relevant conditions that must be met to conform to IRS requirements for non-taxable treatment. At the Participating TO’s request, the Interconnection Customer shall provide the Participating TO with a report from an independent engineer confirming its representation in clause (iii), above. The Participating TO represents and covenants that the cost of the Participating TO's Interconnection Facilities paid for by the Interconnection Customer without the possibility of refund or credit will have no net effect on the base upon which rates are determined.

  • Your Representations and Warranties By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

  • RIGHTS AND OBLIGATIONS OF NWESD The NWESD Board of Directors and Superintendent agree to provide educational services pursuant to requirements of the Office of the Superintendent of Public Instruction (OSPI). All staff for the Program shall be employed by the NWESD and subject to the policies and rules and regulations of the NWESD, including regulations pertaining to RCW 28A.400.303, RCW 28A.400.322 and RCW 28A.400.330, and teacher certification as required by the State of Washington. In accordance with this Agreement, the NWESD shall:

  • Rights and Obligations of Parties The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

  • Representations and Warranties of Contractor Contractor represents and warrants to the Owner that:

  • Representations of Contractor To the best of Contractor’s knowledge, Contractor agrees that:

  • Customer Representations and Warranties Customer represents and warrants that it:

  • REPRESENTATIONS OF THE OWNER The Owner represents, unless otherwise specified in writing, to be unaware of the following:

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