Responsibilities of the Administrator. The Administrator shall perform (or oversee, or arrange for, the performance of) the administrative services necessary for the operation of the Fund, including providing general ledger accounting, fund accounting, legal services, investor relations and other administrative services. Without limiting the generality of the foregoing, the Administrator shall:
(i) provide the Fund with office facilities and equipment, and provide clerical, bookkeeping, accounting, recordkeeping and legal services, and shall provide all such other administrative services as the Administrator shall from time to time determine to be necessary or appropriate to perform its obligations under this Agreement;
(ii) on behalf of the Fund, enter into agreements and/or conduct relations with custodians, depositories, transfer agents, distribution disbursing agents, the distribution reinvestment plan administrator, shareholder servicing agents, accountants, auditors, tax consultants, advisers and experts, investment advisers, compliance officers, escrow agents, attorneys, dealer managers, underwriters, brokers and dealers, investor custody and share transaction clearing platforms, marketing, sales and advertising materials contractors, public relations firms, investor communication agents, printers, insurers, banks, third-party pricing or valuation firms, and such other persons in any such other capacity deemed to be necessary or desirable by the Administrator and the Fund;
(iii) have the authority to enter into one or more sub-administration agreements with other service providers (each, a “Sub-Administrator”) pursuant to which the Administrator may obtain the services of the service providers in fulfilling its responsibilities hereunder. Any such sub-administration agreements shall be in accordance with the requirements of the Investment Company Act and other applicable federal and state laws and shall contain a provision requiring the Sub-Administrator to comply with Sections 1(e) and 2 below as if it were the Administrator. The Administrator and not the Fund shall be responsible for any compensation payable to any Sub-Administrator;
(iv) as may be requested, make reports to the Board of its performance of obligations hereunder;
(v) furnish advice and recommendations with respect to such other aspects of the business and affairs of the Fund as the Administrator reasonably shall determine to be desirable;
(vi) assist the Fund in preparing and maintaining the financial and other records ...
Responsibilities of the Administrator. Except (i) as otherwise provided by this Agreement; and (ii) with respect to any Legally Required Actions, the Administrator, on behalf of the Company, shall be responsible for all state insurance department and, subject to prior review and approval by the Company, federal and state securities law filings (including, but not limited to, filings of riders and amendments), compliance with all regulatory requirements and the taking of all required actions with respect to Governmental Authorities relating to the Policies, the Post-Closing Policies and Separate Accounts. Nevertheless, if the Company or the Administrator receive notice of, or otherwise become aware of any inquiry, investigation, examination, audit or proceeding by Governmental Authorities, relating to the Policies, the Post-Closing Policies or Separate Accounts, the Company or the Administrator, as applicable, shall promptly notify the other party thereof, whereupon the parties shall cooperate in good faith to resolve such matter in a mutually satisfactory manner and shall act reasonably in light of the parties' respective interests in the matter at issue. Notwithstanding the immediately preceding sentence, the Administrator shall not be relieved or discharged from any liability or obligation which it has incurred or assumed in connection with such matter under the terms of this Agreement or any of the Asset Purchase Agreement, XXXX Coinsurance Agreement, ALIAC Coinsurance Agreement, Modified Coinsurance Agreement or other Ancillary Agreements.
Responsibilities of the Administrator. A. The ADMINISTRATOR shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, specifications, other documents and data used or produced by or at the behest of the ADMINISTRATOR under this Agreement. The ADMINISTRATOR shall, without additional compensation, correct or revise any errors or deficiencies in its reports, designs, specifications, other documents and data.
B. If the ADMINISTRATOR is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.
C. The ADMINISTRATOR warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the ADMINISTRATOR), to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the ADMINISTRATOR; any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement.
D. Prior to entering into this Agreement, the ADMINISTRATOR shall file a sworn statement with the SCHOOL BOARD as described for Public Entity Crimes of the Florida Statutes, Chapter 287.133, and the ADMINISTRATOR shall thereafter comply with Florida Statutes concerning such activities.
E. The ADMINISTRATOR shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement.
F. The ADMINISTRATOR shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this
Responsibilities of the Administrator. The Trust is responsible for providing authorization and direction to the Administrator with respect to the CFTC Services. The Trust is responsible for arranging, in each case where appropriate, for the review and comment by the Trust’s independent accountants and legal counsel of CFTC financial information, reports and any filings prepared by the Administrator. In addition, the Trust is solely responsible for determining Trust’s status as a CPO, and/or Trust’s eligibility for an exclusion from classification as a CPO. The Trust shall be responsible for accurately and timely supplying the Administrator with complete financial, organizational and other information, and/or arranging for the provision of such information from third parties, as may be required in order for the Administrator to provide the CFTC Services, and any information requested by the Administrator in connection with the foregoing. The Administrator is authorized and instructed to rely upon the information it receives from the Trust or any third party (including, without limitation, the Trust’s third party administrator(s), custodian(s), prime broker(s), and other service providers to the Trust) authorized by the Trust to provide such information to the Administrator and on any instructions received from the Trust. The Trust and any third party from which the Administrator shall receive or obtain certain records, reports and other data included in the CFTC Services provided hereunder are solely responsible for the contents of such information, including, without limitation, the accuracy thereof, and the Administrator shall be entitled to rely on such records, reports and other data as provided to the Administrator by the Trust or any third party, and any instructions provided to the Administrator by the Trust, and shall have no responsibility for making any interpretive determinations with respect thereto. The Administrator has no responsibility to review, confirm or otherwise assume any duty with respect to the accuracy or completeness of any such information, or instructions, and shall be without liability for any loss or damage suffered by the Trust as a result of the Administrator’s reliance on and utilization of such information or instructions believed by it to be genuine and to have been properly issued by or on behalf of the Trust or such third party. The Administrator shall have no responsibility and shall be without liability for any loss or damage caused by the failure of the T...
Responsibilities of the Administrator. The Administrator shall perform the administration services set forth in Schedule A to this Agreement and the fund accounting services set forth in Schedule B to this Agreement. The Administrator shall perform such other services, and furnish such other reports, for the Fund that are mutually agreed upon by the parties from time to time, for which the Fund will pay the Administrator the amounts agreed upon between them. This Agreement uses the term “Services” to refer to the services described in Schedules A and Schedule B, as well additional services as agreed by the parties. The Administrator may, at its expense, utilize agents in its performance of Services; provided, however, that (i) the approval of the Fund shall be required to establish an arrangement in which an agent of the Administrator acts as sub-administrator or sub-fund accountant (an “Agent”); and (ii) any agent (including any Agent) retained by the Administrator shall be the agent of the Administrator and not the agent of the Fund, and the Administrator shall be fully responsible for the acts of any such agent (or Agent) and shall not be relieved of any of its responsibilities hereunder by the appointment of such agent (or Agent). In the event that an Agent is retained by the Administrator at the request or instruction of the Fund, the foregoing shall not apply to the extent it is inconsistent with any written agreement(s) entered into by the parties with respect to such arrangement.
Responsibilities of the Administrator. 13.1. The Administrator shall provide the User with access to the full information entered in the environment (except part of the Business and personal details).
13.2. When introducing changes into the functioning of the Freight Portal, the Administrator shall inform the Users thereof through the Freight Portal or by e-mail.
13.3. The Administrator shall help the users of the environment in every aspect, offering them free help in the form of consultation by phone during office hours (8.00 – 17.00 on workdays) during the first subscription month, and to reply by e-mail to questions about the working of the environment in a reasonable period after receiving the question or notification.
13.4. After the payment of the invoice issued by the Administrator, the Administrator is obligated to issue a password to the Registered User in 48 hours.
Responsibilities of the Administrator. 5.1. The Administrator takes all possible measures to ensure access to the System and is not responsible for:
5.1.1. Errors in the functionality of the System or the loss of data regarding companies or Users, which are caused by events that are beyond the Administrators control;
5.1.2. for lack of access or incomplete access to the System due to improper operation or breakdown on the side of the web contractor which provides web hosting services, or server placement inside the data center;
5.1.3. inaccessibility of the System caused by incorrect operation of the software or technical means of the User;
5.1.4. System malfunctions as a result of force majeure, factors beyond the control of the Administrator, including unauthorized interference with the System by Users or third parties, for example, DDoS attacks, SQL-injections, Cross-Site Scripting, Cross-Site Request Forgery, Man-In-The-Middle, Clickjacking, Brute Force, etc.;
5.1.5. the information published by Users in the System (for example, load and transport offers) and the outcomes of its use by other Users, including when concluding transactions, signing contracts, carrying out transport or forwarding, etc.
5.2. The Administrator reserves the right for a short time (no more than 48 hours) to restrict access to the System for all Users to carry out technical work.
5.3. The Administrator is not a party to the contractual relationship that has arisen between the Companies or Users in using the information provided by the System.
Responsibilities of the Administrator. 9.3.1.1 To help create a personalized evaluation program and procedure that will ensure a growing experience for the unit member
9.3.1.2 To arrive at mutually acceptable instructional objectives relating to student progress
9.3.1.3 To conduct classroom observations relating to CSTP or corresponding standards of performance for non-classroom based unit members
9.3.1.4 To review and observe a unit member’s adherence to curricular objectives or corresponding standards of performance for non-classroom based unit members
9.3.1.5 To use the results of the evaluation in an effective and constructive manner
9.3.1.6 To adhere to all calendar dates
9.3.1.7 To maintain a file of all reports, materials, and other data that have been gathered during the evaluation process
9.3.1.8 To ensure that the evaluation and assessment of the unit member’s competence shall not include the use of standardized tests
9.3.1.9 To provide copies of completed observation and evaluation forms to the unit member
Responsibilities of the Administrator. Section 2.01. The Administrator shall make reasonable efforts to secure the services of the Consultants, ensure the availability of adequately qualified local counterpart staff, and shall review for approval the specifications of equipment and vehicles and the related operating costs.
Section 2.02. The Administrator shall utilize the Grant to finance, on a grant basis, the following expenditures:
(a) In connection with the services of the Consultants: (i) remuneration, per diem and other allowances;
Responsibilities of the Administrator. Section 2.01. The Administrator shall make reasonable efforts to secure the services of the Consultants, ensure the availability of adequately qualified local counterpart staff, and shall review for approval the specifications of equipment and vehicles and the related operating costs.
Section 2.02. The Administrator shall utilize the Grant to finance, on a grant basis, the following expenditures:
(a) in connection with the services of the Consultants and, where applicable, the participants under the fellowship, training and study visits:
(i) remuneration, per diem and other allowances;
(ii) international and local travel expenses;
(iii) out-of-pocket expenses, including communications and reports, incurred by the Consultants in foreign and local currency in the performance of their services; and
(iv) stipends.
(b) in connection with local training, education and curriculum development:
(i) local travel expenses;
(ii) per diems; and
(iii) supplies and materials;
(c) equipment and related operating costs.
Section 2.03. The amount of the Grant to be provided by Japan for the Technical Assistance pursuant to Section 2.02 shall not exceed the equivalent of two hundred thirty-two million four hundred thousand yen (¥232,400,000).
Section 2.04. The recruitment, engagement and supervision of the Consultants shall be carried out by the Administrator in consultation with the Recipient and shall be done according to the Administrator's applicable procedures.
