Responsibilities of the Trust. 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 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 Trust...
Responsibilities of the Trust. During the Term and subject to the provisions of this Agreement, the Trust shall at its expense (unless otherwise provided for herein) fulfill the Trust’s obligations, if any, set forth in this Agreement. The Trust acknowledges and agrees that its users are responsible for verifying the accuracy and receipt of all data or information transmitted via the ICS. The Trust is responsible for advising its users of their responsibility for promptly notifying the Portfolio’s transfer agent of any errors or inaccuracies relating to shareholder data or information transmitted via the ICS.
Responsibilities of the Trust. The Trust shall have the following responsibilities:
A. Appoint a program coordinator who will be responsible for coordinating all hospital- based Resident training programs with the individual Program Directors or their designee and with the Office of Graduate Medical Education of the School
B. Provide an orientation to the Trust for each Resident assigned which instructs each Resident with his/her Trust responsibilities while assigned to the Trust.
C. If the performance of a Resident is at any time considered to be unsatisfactory or unprofessional, immediately notify and provide documentation of such performance to the Program Director and the Office of Graduate Medical Education. A plan for corrective action will be determined by the Program Director, in consultation with the Trust’s Office of Graduate Medical Education and Institution’s Office of Graduate Medical Education.
D. Notify Institution of the results of any TJC status certification which is probationary or in which certification is denied or removed.
E. Residents shall work in the Trust’s Division of . Dr. and the other attending physicians within that Division will supervise the residents to gain experience in the management of patients. It is expected that the Residents will learn about diagnoses and treatment of patients.
F. Dr. will complete a written evaluation of the Residents utilizing the standard form utilized at Institution for evaluation of its residents.
Responsibilities of the Trust. The Farm undertakes responsibility:-
5.1 To implement the agreed Work Plan effectively and efficiently.
5.2 To ensure that suitable staff are recruited and trained.
5.3 To satisfy quality and performance standards confirmed under this Agreement.
5.4 To provide agreed monitoring and financial information as required by the Lead Officer or nominated representative.
5.5 To provide agreed information where reasonable and practicable and within mutually agreed timescales, including 4 monthly reports, health and safety reports, statistical information and up-dates on agreed targets.
5.6 To advise the Council’s nominated representative, of any difficulties which the Trust may be experiencing, in undertaking the required work as outlined within the agreement. The Council must be informed as soon as possible, in order that appropriate action can be undertaken.
5.7 To seek approval prior to any changes of work schedules, staffing structure and community involvement to the SLA.
5.8 To comply with all statutory and other provisions to be observed and performed in connection with the Services.
5.9 To maintain appropriate insurances to the value of £5million for employer liability and public liability, and to indemnify the Council against any claim or litigation arising as a consequence of the actions or negligence of the Trust in relation to their undertakings on the farm.
5.10 All work in the SLA to be carried out within a framework agreed with the London Borough of Tower Hamlets. Where sub-contractors are used for the delivery of the service, they must conform to the terms of this agreement and observe all relevant legislation and industry codes of practice. The Trust must carry out and maintain records of Risk Assessments for all activities that are undertaken under the terms of this agreement.
5.11 To work proactively to adopt and strengthen the partnership approach between the London Borough of Tower Hamlets and the Trust, to achieve the partnership objectives of improved public participation and enjoyment, and to enhance biodiversity wherever possible.
5.12 The Trust must maintain and produce as required, an inventory of any plant or equipment, or stock materials purchased under the agreement.
Responsibilities of the Trust. 5.1 The Trust shall:
(a) ensure that the DBM-Health Solution is only made available to Authorised Users who have been appropriately trained in the use of the DBM-Health Solution;
(b) ensure that each Authorised User shall keep a secure password for his/her use of the DBM Service and Documentation and that each Authorised User shall keep his/her password confidential;
(c) ensure that the Authorised Users use the DBM-Health Solution and Documentation in accordance with the terms of this Agreement;
(d) be responsible for any acts or omissions of an Authorised User;
(e) ensure that its networks and systems comply with any relevant specifications provided by Huma from time to time;
(f) perform its obligations as set out the Service Level Agreement;
(g) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to Huma’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Trust’s network connections or telecommunications links; and
(h) not permit access to the DBM-Health Solution and/or the Documentation to any person other than an Authorised User and otherwise prevent any unauthorised access to, or use of, the DBM-Health Solution and/or Documentation and, as soon as reasonably practicable after becoming aware of any such unauthorised access or use, shall inform Huma in writing.
5.2 The Trust shall not use, and shall ensure that no Authorised User uses, the DBM-Health Solution to access, store, distribute or transmit any virus or other malware, or any material that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
(f) causes damage or injury to any person or property, and Huma reserves the right to suspend or terminate the access of any Authorised User in violation of the foregoing.
5.3 The Trust shall:
(a) provide Huma with all necessary co-operation in relation to this Agreement;
(b) provide all necessary access to such information as may be required by Huma in order to provide the Services;
5.4 Huma shall not (a) be in breach of this Agreement or the Data Processing Agreement as a result of any failure to perform i...
Responsibilities of the Trust. 4.1. The Trust shall conduct its own business and affairs and shall bear the expenses and salaries necessary and incidental thereto including, but not in limitation of the foregoing, the costs incurred in: (a) the maintenance of its corporate existence; (b) the maintenance of its own books, records and procedures;
(c) dealing with its own shareholders; (d) the payment of dividends; (e) transfer of stock, including issuance, redemption and repurchase of shares; (f) preparation of share certificates; (g) reports and notices to shareholders; (h) calling and holding of shareholders' meetings;
(i) miscellaneous office expenses; (j) brokerage commissions;
(k) custodian fees; (l) legal and accounting fees; and (m) taxes, and state and federal registration fees.
4.2. Directors, officers and employees of the Investment Adviser may be trustees/directors, officers and employees of the Funds for which the Investment Adviser serves as investment adviser. Directors, officers and employees of the Investment Adviser who are trustees, officers or employees of the Trust shall not receive any compensation from the Trust for acting in such dual capacity.
4.3. In the conduct of the respective businesses of the parties hereto and in the performance of this Agreement, the Trust and the Investment Adviser may share facilities common to each, with appropriate proration of expenses between them.
4.4. To the extent the Investment Adviser incurs any costs by assuming expenses that are an obligation of the Trust or any Fund as set forth herein, the respective Fund promptly shall reimburse the Investment Adviser for such costs and expenses, except to the extent the Investment Adviser otherwise has agreed to bear such expenses. To the extent the services for which a Fund is obligated to pay are performed by the Investment Adviser, the Investment Adviser shall be entitled to recover from that Fund to the extent of the Investment Adviser's actual costs for providing such services.
Responsibilities of the Trust. The Trust hereby acknowledges and agrees that ADM, its affiliates and its agents are responsible only for those functions and duties set forth in this Agreement and unless so set forth are not responsible for any of the following which are to be handled by the Trust:
a. creating or maintaining any records on behalf of the Trust or others required by any federal or state law, or regulation or rule of any agency thereof or any self-regulatory authority except (i) those relating to shareholder account information set forth in Rule 31a-1(b)(2)(iv) promulgated under the 1940 Act or equivalent regulation applicable from time to time; and (ii) such additional records as may reasonably be requested from time to time by the Trust which are customarily maintained by transfer agents to mutual funds, and which ADM by use of its best efforts may provide at minimal cost and inconvenience to it; with respect to these records ADM agrees that they: (i) are the property of the Trust; (ii) will be maintained by ADM for the period prescribed in Rule 3la-2 or equivalent regulation; (iii) will be made available, upon request to the Trust and the SEC; and (iv) will be surrendered promptly upon the request of the Trust;
b. determining the legality of any sale, exchange, issuance or redemption of any shares of the Trust;
c. determining the legality of any communications, oral or written which is sent or provided by ADM, its affiliates or its agents on behalf of the Trust;
d. complying with any federal or state laws or the regulations or rules of any agency thereof or of any self-regulatory authority except those specifically applicable to ADM as a transfer agent;
e. filing any documents on behalf of the Trust or any one else with any federal or state government or with any agency thereof or any self-regulatory authority except ADM will file with the Internal Revenue Service copies of 1099-Div, 1099-R and 1099-B, 5498 and 1042S Forms sent to shareholders of the Trust and forms relating to withholding and non-resident alien withholding;
f. monitoring the activities of the Trust or any one else for their compliance with applicable law, rules and regulations or with the provisions of the Trust's Prospectus, of Trust, By-Laws or other governing instruments; or
g. compliance of the Trust or others with applicable federal and state laws, regulations and rules of any agency thereof, or of any self-regulatory authority pertaining to the registration of the Trust or of shares of the Trust o...
Responsibilities of the Trust. 4.1. The Trust shall conduct its own business and affairs and shall bear the expenses and salaries necessary and incidental thereto including, but not in limitation of the foregoing, the costs incurred in: (a) the maintenance of its corporate existence; (b) the maintenance of its own books, records and procedures; (c) dealing with its own shareholders; (d) the payment of dividends; (e) transfer of stock, including issuance, redemption and repurchase of shares; (f) preparation of share certificates; (g) reports and notices to shareholders; (h) calling and holding of shareholders' meetings; (i) miscellaneous office expenses; (j) brokerage commissions; (k) custodian fees; (1) legal and accounting fees; and (m) taxes, and state and federal registration fees.
4.2. Directors, officers and employees of the Investment Adviser may be trustees/directors, officers and employees of the funds for which the Investment Adviser serves as investment adviser. Directors, officers and employees of the Investment Adviser who are trustees, officers or employees of the Trust shall not receive any compensation from the Trust for acting in such dual capacity.
4.3. In the conduct of the respective businesses of the parties hereto and in the performance of this Agreement, the Trust and the Investment Adviser may share facilities common to each, with appropriate proration of expenses between them.
4.4. To the extent the services for which a Fund is obligated to pay are performed by the Investment Adviser, the Investment Adviser shall be entitled to recover from that Fund to the extent of the Investment Adviser's actual costs for providing such services.
Responsibilities of the Trust. During the Term and subject to the provisions of this Agreement, the Trust shall at its expense (unless otherwise provided for herein) fulfill the Trust obligations, if any, set forth in Exhibit A to this Agreement.
Responsibilities of the Trust. The Trust assumes exclusive responsibility for the consequences of any instructions it may give to FMFS, for Trust's or its End User's failure to properly access the Services in the manner prescribed by FMFS, and for Trust's failure to supply accurate information to FMFS.
