RESPONSIBILITIES OF THE RECLAIM FUND Sample Clauses

RESPONSIBILITIES OF THE RECLAIM FUND. 6.1 The Reclaim Fund shall perform its duties and obligations under this agreement with reasonable skill, care and diligence. 6.2 The Reclaim Fund shall use reasonable endeavours to co-operate, on request by the Participant in writing, with the Participant in investigating any reasonable queries or complaints raised by the Participant (including through its auditors or otherwise) or by any Dormant Account Holder in relation to a Transferred Dormant Account Balance or a Reclaimed Balance (as appropriate), provided that the Participant acknowledges and accepts that the Reclaim Fund does not have in its possession or under its control any records relating to any Dormant Account Holders of Dormant Accounts and has limited manpower and resources available to it. 6.3 Without prejudice to clause 5.2, the Reclaim Fund shall notify the Participant in writing, promptly, and in any event within three (3) Business Days in the event that it receives: (a) any claim from or on behalf of a Dormant Account Holder for the repayment of the whole or any part of a Transferred Dormant Account Balance; or (b) any Complaint raised against the Participant and/or any Complaint raised against the Reclaim Fund that the Participant is to handle and resolve pursuant to clause 5.6(b), provided (in the case of (a) or (b)) that the Reclaim Fund is able to identify the Participant with respect to such claim or Complaint.
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
RESPONSIBILITIES OF THE RECLAIM FUND. 6.1 The Reclaim Fund shall perform its duties and obligations under this agreement with reasonable skill, care and diligence. 6.2 The Reclaim Fund shall use reasonable endeavours to co-operate, on request by the Participant in writing, with the Participant in investigating any reasonable queries or complaints raised by the Participant (including through its auditors or otherwise) or by any Dormant Account Holder in relation to a Transferred Dormant Account Balance or a Reclaimed Balance (as appropriate), provided that the Participant acknowledges and accepts that the Reclaim Fund does not have in its possession or under its control any records relating to any Dormant Account Holders of Dormant Accounts and has limited manpower and resources available to it. 6.3 Without prejudice to clause 5.2, the Reclaim Fund shall notify the Participant in writing, promptly, and in any event within three (3) Business Days in the event that it receives:
Sample 1Sample 2
RESPONSIBILITIES OF THE RECLAIM FUND. 6.1 The Reclaim Fund shall perform its duties and obligations under this agreement with reasonable skill, care and diligence. 6.2 The Reclaim Fund shall use reasonable endeavours to co-operate, on request by the Participant in writing, with the Participant in investigating any reasonable queries or complaints raised by the Participant (including through its auditors or otherwise) or by any Dormant Asset Holder in relation to a Transferred Dormant Asset Balance or a Reclaimed Balance (as appropriate). The Participant acknowledges and agrees that when assessing how the Reclaim Fund might comply with TCF and Principle 12 and PRIN 2A and its cooperation with regard to the investigation of reasonable queries and Complaints by any Dormant Asset Holder, the Reclaim Fund and the Participant shall have regard to the following: (a) the limited manpower and resources available to the Reclaim Fund; (b) given the Reclaim Fund's role and remit, it will likely have a very limited ability to influence outcomes for retail customers; (c) customer outcomes are very likely to have been materially influenced by the sale, distribution, manufacture and performance of the financial services product or service which was the basis of and resulted in the Dormant Asset; and (d) the Reclaim Fund will likely have very limited communications with any Dormant Asset Holder. 6.3 Without prejudice to clause 5.1 of this Part B, the Reclaim Fund shall notify the Participant in writing, promptly, and in any event within three (3) Business Days in the event that it receives: (a) any claim from or on behalf of a Dormant Asset Holder for the repayment of the whole or any part of a Transferred Dormant Asset Balance; or (b) any Complaint raised against the Participant and/or any Complaint raised against the Reclaim Fund that the Participant is to handle and resolve pursuant to Appendix 7 of Part C, provided (in the case of clause 6.3(a) or 6.3(b) above) that the Reclaim Fund is able to identify the Participant with respect to such claim or Complaint.
Sample 1

Related to RESPONSIBILITIES OF THE RECLAIM FUND

  • RESPONSIBILITIES OF THE OWNER The Owner agrees to: Provide all documentation, records, and disclosures as required by law or required by the Agent to manage and operate the Property, and immediately notify the Agent if the Owner becomes aware of any change in such documentation, records or disclosures, or any matter affecting the habitability of the Property; Indemnify, defend, and hold harmless the Agent, and all persons in the Agent's firm, regardless of responsibility, from all costs, expenses suits, liabilities, damages, attorneys fees, and claims of every type, including, but not limited to, those arising out of injury or death of any person, or damage to any real or personal property of any person, including the Owner, for: Any repairs performed by the Owner or by others hired directly by the Owner; or Those relating to the management, leasing, rental, security deposit, or operation of the Property by the Agent, or any person in the Agent's company, or the performance or exercise of any of the duties, powers, or authorities granted to the Agent; This sub-section, and all rights to the Agent’s indemnification, shall be considered void if the Agent exemplifies any willful acts of gross negligence; Maintain the Property in a condition fit for human habitation as required by applicable State and local laws; Pay all interest on Tenants’ security deposits if required by applicable laws; Carry and pay for: Public and premises liability insurance in an amount of no less than one-million dollars ($1,000,000.00); and Property damage and worker’s compensation insurance adequate to protect the interests of the Owner and the Agent. The Agent shall be, and the Owner authorizes Agent to be, named as an additional insured party on the Owner’s policies; and Pay any late charges, penalties and/or interest imposed by lenders or other parties for failure to make payment only if the failure is due to insufficient funds in the Agent’s trust account available for such payment. In addition, the Owner agrees to replace any funds required if there are insufficient funds in the Agent’s trust account to cover such responsibilities of the Owner.

  • Responsibilities of the District 12.1. The District shall examine the documents submitted by the Architect and shall render decisions so as to avoid unreasonable delay in the process of the Architect’s Services. 12.2. The District shall verbally or in writing advise Architect if the District becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect’s documents. Failure to provide such notice shall not relieve Architect of its responsibility therefore, if any. 12.3. Unless the District and Architect agree that a hazardous materials consultant shall be a Consultant of the Architect, the District shall furnish the services of a hazardous material consultant or other consultants when such services are requested in writing by Architect and deemed necessary by the District or are requested by the District. These services shall include: asbestos and lead paint survey; abatement documentation; and specifications related to said matters, which are to be incorporated into bid documents prepared by Architect. If the hazardous materials consultant is furnished by the District and is not a Consultant of the Architect, the specifications shall include a note to the effect that the hazardous materials consultant’s specifications are included in the Architect’s bid documents for the District’s convenience and have not been prepared or reviewed by the Architect. The note shall also direct questions about the hazardous materials consultant’s specifications related to asbestos and lead paint survey and/or abatement documentation to the preparer of the hazardous materials consultant’s specifications.

  • RESPONSIBILITIES OF THE UNIVERSITY The UNIVERSITY shall designate in writing a faculty member to coordinate with a designee of the FIELDWORK SITE.

  • Responsibilities of the Company 3.3.1 The Company shall provide participants of CopyTrade with a complete package of services according to the Customer Agreement. The Company is liable for proper performance of technological solutions according to the Customer Agreement. 3.3.2 The Company bears no liability to participants of CopyTrade for lost profit or losses, which may directly or indirectly occur as a result of trading operations performed or not performed by an Investor or a Trader. 3.3.3 The Company bears no liability to participants of CopyTrade for lost profit or losses, which may be directly or indirectly occur as a result of their ignorance of regulatory documents or cooperation scheme. 3.3.4 The Company doesn’t evaluate Traders’ professional skills and suitability not on a single stage of their activity and bears no responsibility to Investors for any losses or lost profit they may incur. 3.3.5 The Company is not liable for:

  • Responsibilities of the Parties 1.5.1 The Parties shall perform all obligations of this Agreement in accordance with all Applicable Laws and Regulations, Operating Requirements, and

  • Responsibilities of the Seller (a) Anything herein to the contrary notwithstanding, the Seller shall: (i) perform all of its obligations, if any, under the Contracts related to the Pool Receivables to the same extent as if interests in such Pool Receivables had not been transferred hereunder, and the exercise by the Administrator, the Purchaser Agents or the Purchasers of their respective rights hereunder shall not relieve the Seller from such obligations, and (ii) pay when due any taxes, including any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. The Administrator, the Purchaser Agents or any of the Purchasers shall not have any obligation or liability with respect to any Pool Asset, nor shall any of them be obligated to perform any of the obligations of the Seller, Servicer, WESCO or the Originators thereunder. (b) WESCO hereby irrevocably agrees that if at any time it shall cease to be the Servicer hereunder, it shall act (if the then-current Servicer so requests) as the data-processing agent of the Servicer and, in such capacity, WESCO shall conduct the data-processing functions of the administration of the Receivables and the Collections thereon in substantially the same way that WESCO conducted such data-processing functions while it acted as the Servicer.

  • Responsibilities of the Contractor The Contractor shall provide all technical and professional expertise, knowledge, management, and other resources required for accomplishing all aspects of the tasks and associated activities identified in the Scope of Work. In the event that the need arises for the Contractor to perform services beyond those stated in the Scope of Work, the Contractor and the City shall negotiate mutually agreeable terms and compensation for completing the additional services.

  • RESPONSIBILITIES OF CITY City or its representative shall issue all communications to Contractor. City has the authority to request changes in the work in accordance with the terms of this Agreement and with the terms in Exhibit A – Scope of Work. City has the authority to stop work or to suspend any work.

  • Liabilities of the Manager A. In the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Manager, the Manager shall not be subject to liability to the Trust or the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security by the Fund. B. Notwithstanding the foregoing, the Manager agrees to reimburse the Trust for any and all costs, expenses, and counsel and trustees’ fees reasonably incurred by the Trust in the preparation, printing and distribution of proxy statements, amendments to its Registration Statement, holdings of meetings of its shareholders or trustees, the conduct of factual investigations, any legal or administrative proceedings (including any applications for exemptions or determinations by the Securities and Exchange Commission) which the Trust incurs as the result of action or inaction of the Manager or any of its affiliates or any of their officers, directors, employees or stockholders where the action or inaction necessitating such expenditures (i) is directly or indirectly related to any transactions or proposed transaction in the stock or control of the Manager or its affiliates (or litigation related to any pending or proposed or future transaction in such shares or control) which shall have been undertaken without the prior, express approval of the Trust’s Board of Trustees; or, (ii) is within the control of the Manager or any of its affiliates or any of their officers, directors, employees or stockholders. The Manager shall not be obligated pursuant to the provisions of this Subparagraph 7.B., to reimburse the Trust for any expenditures related to the institution of an administrative proceeding or civil litigation by the Trust or a shareholder seeking to recover all or a portion of the proceeds derived by any stockholder of the Manager or any of its affiliates from the sale of his shares of the Manager, or similar matters. So long as this Agreement is in effect, the Manager shall pay to the Trust the amount due for expenses subject to this Subparagraph 7.B. within 30 days after a xxxx or statement has been received by the Manager therefor. This provision shall not be deemed to be a waiver of any claim the Trust may have or may assert against the Manager or others for costs, expenses or damages heretofore incurred by the Trust or for costs, expenses or damages the Trust may hereafter incur which are not reimbursable to it hereunder. C. No provision of this Agreement shall be construed to protect any trustee or officer of the Trust, or director or officer of the Manager, from liability in violation of Sections 17(h) and (i) of the 1940 Act.

  • Responsibilities of the Transfer Agent The Transfer Agent undertakes the duties and obligations imposed by this Agreement upon the following terms and conditions, by all of which the Fund, by its acceptance hereof, shall be bound: 11.1 Whenever in the performance of its duties hereunder the Transfer Agent shall deem it necessary or desirable that any fact or matter be proved or established prior to taking or suffering any action hereunder, such fact or matter may be deemed to be conclusively proved and established by a certificate signed by an officer of the Fund and delivered to the Transfer Agent. Such certificate shall be full authorization to the recipient for any action taken or suffered in good faith by it under the provisions of this Agreement in reliance upon such certificate. 11.2 The Fund agrees that it will perform, execute, acknowledge and deliver or cause to be performed, executed, acknowledged and delivered all such further and other acts, instruments and assurances as may reasonably be required by the Transfer Agent for the carrying out, or performing by the Transfer Agent of the provisions of this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!