RETENTION OF THIRD PARTIES Sample Clauses

RETENTION OF THIRD PARTIES. Service Manager is authorized and empowered, as PBTC's agent, to engage and enter into contracts with third parties to provide the services referred to
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RETENTION OF THIRD PARTIES. Service Manager is authorized and empowered, as Owner's agent, to engage and enter into contracts with third parties to provide the services referred to in this Article 2, and may delegate performance of its duties to third parties, including Service Manager's subsidiaries and affiliates. Such contracts shall be on such terms as Service Manager approves, provided the same are in compliance with Owner's budget and guidelines. Without limiting the generality of the foregoing, the services of third parties which may be engaged include tax services, brokerage services, data processing services, consulting services, and legal services. Service Manager shall not engage or enter into a contract with an Affiliate (defined below) unless the compensation payable to the Affiliate for such services does not exceed that which would be payable to a comparably qualified third party service provider that is not affiliated with Service Manager. For the purposes of this Agreement, an "Affiliate" of any person shall mean any other person that is directly or indirectly controlling, controlled by, or under common control with that person, where the term "control" means the possession, directly or indirectly, of the actual power to direct the affairs of the controlled person.
Sample 1Sample 2
RETENTION OF THIRD PARTIES. Manager is authorized and empowered, as Owner’s agent, to engage and enter into contracts with third parties to provide the services referred to in this Article, and may delegate performance of its duties to third parties, subject to the Owner’s prior approval, which approval will not be unreasonably withheld. Such contracts shall be on such terms as Manager approves, provided the same are in compliance with the Business Plan. Without limiting the generality of the foregoing, the services of third parties which may be engaged include ad valorem tax services, surveyors, title services, data processing services, construction management services, marketing and market study services, engineering services, environmental consulting services, and architectural services. Manager shall not engage or enter into a contract with an Affiliate unless (a) the same is approved by Owner; or (b) such engagement was specifically set out in the Business Plan. For purposes of this Agreement, an “Affiliate” shall mean any person or entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a Manager or Owner, as the case may be. For the purposes of this definition, “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise, and the terms “controlling” and “controlled” have the meanings correlative to the foregoing.
Sample 1
RETENTION OF THIRD PARTIES. Asset Manager is authorized and empowered, as Owner's agent but subject to the terms and restrictions of this Agreement, to engage and enter into contracts with third parties to provide the services referred to in this Article 2, and may delegate performance of its duties to third parties, including the Hotel Manager. Such contracts shall be on such terms as Asset Manager approves, provided the same are in compliance with the Business Plan. Without limiting the generality of the foregoing, the services of third parties which may be engaged include property management services, ad valorem tax services, brokerage services, surveyors, title services, data processing services, construction management services, marketing and market study services, engineering services, environmental consulting services, legal services and architectural services. Asset Manager shall not engage or enter into a contract with an Affiliate (defined below) unless the compensation payable to the Affiliate for such services does not exceed that which would be payable to a comparably qualified third party service provider that is not affiliated with Asset Manager. For the purposes of this Agreement, an "Affiliate" of any person shall mean any other person that is directly or indirectly controlling, controlled by, or under common control with that person, where the term "control" means the possession, directly or indirectly, of the actual power to direct the affairs of the controlled person.
Sample 1
RETENTION OF THIRD PARTIES. Company agrees to engage and retain, at its expense, a firm or firms of architects, contractors, and such engineers, designers, decorators, landscape architects, and other specialists and consultants as shall be necessary and appropriate and as shall be designated by the parties, each of whom shall have been approved in advance by Company and Manager, all under written contracts approved by Company and Project Manager. Project Manager shall submit, as promptly as possible, a preliminary architectural program and general outline for the construction, furnishing and equipping of the Project. Project Manager shall have the right and obligation to cause such firms and persons to prepare full and adequate plans, layouts, specifications, drawings and designs, both interior and exterior, with respect to the Site, the Structure, and the Furniture, Fixtures and Equipment. All such plans, layouts, specifications, drawings, and designs, and any changes in or departures therefrom subsequently made or authorized, shall be subject to the final mutual approval, in writing, of the parties hereto.
Sample 1
RETENTION OF THIRD PARTIES. In the course of performing its advisory services pursuant to this Agreement, ARK may retain or appoint any affiliate to supplement or otherwise assist in the performance of such services; provided, however, that ARK may not retain or appoint any such affiliate in substitution of ARK to provide the core services contemplated herein without the prior written consent of the Sub-Adviser. ARK shall not delegate its authority granted under this Agreement to any non-affiliate third parties without the Sub-Adviser’s consent.
Sample 1

Related to RETENTION OF THIRD PARTIES

  • PROTECTION OF THIRD PARTIES No person (including a purchaser) dealing with the Collateral Agent or a Receiver or its or his agents will be concerned to enquire:

  • Proprietary Information of Third Parties No third party has claimed or has reason to claim that any person employed by or affiliated with the Company has (a) violated or may be violating to any material extent any of the terms or conditions of his employment, non-competition or non-disclosure agreement with such third party, (b) disclosed or may be disclosing or utilized or may be utilizing any trade secret or proprietary information or documentation of such third party, or (c) interfered or may be interfering in the employment relationship between such third party and any of its present or former employees, or has requested information from the Company that suggests that such a claim might be contemplated. To the best of the Company’s knowledge, no person employed by or affiliated with the Company has improperly utilized or proposes to improperly utilize any trade secret or any information or documentation proprietary to any former employer, and to the best of the Company’s knowledge, no person employed by or affiliated with the Company has violated any confidential relationship which such person may have had with any third party, in connection with the development, manufacture or sale of any product or proposed product or the development or sale of any service or proposed service of the Company, and the Company has no reason to believe there will be any such employment or violation. To the best of the Company’s knowledge, none of the execution or delivery of this Agreement and the other related agreements and documents executed in connection herewith, or the carrying on of the business of the Company as officers, employees or agents by any officer, director or key employee of the Company, or the conduct or proposed conduct of the business of the Company, will materially conflict with or result in a material breach of the terms, conditions or provisions of or constitute a material default under any contract, covenant or instrument under which any such person is obligated.

  • Non-Solicitation of Third Parties During the Term of Employment and for a period of 24 months following the Executive’s termination of employment with the Company, the Executive shall not directly or indirectly solicit or otherwise influence any entity with a business arrangement with the Company, including, without limitation, suppliers, sales representatives, lenders, lessors, and lessees, to discontinue, reduce, or otherwise materially or adversely affect such relationship.

  • Use of Third Parties Except as may be expressly agreed to in writing by the State Entity, Contractor shall not subcontract, assign, delegate or otherwise permit anyone other than Contractor or Contractor's personnel to perform any of Contractor's obligations under this Contract or any of the work subsequently assigned under this Contract. No subcontract which Contractor enters into with respect to performance of obligations or work assigned under the Contract shall in any way relieve Contractor of any responsibility, obligation or liability under this Contract and for the acts and omissions of all subcontractors, agents, and employees. All restrictions, obligations and responsibilities of the Contractor under the Contract shall also apply to the subcontractors. Any contract with a subcontractor must also preserve the rights of the State Entity. The State Entity shall have the right to request the removal of a subcontractor from the Contract for good cause.

  • Rights of Third Parties A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement. This clause shall not affect any right or remedy of a third party which exists or is available apart from that Act.

  • Failure of Third Parties The failure of any third party including: (a) any issuer of Investments or Book-Entry Agent or other agent of an issuer; (b) any counterparty with respect to any Investment, including any issuer of exchange-traded or other futures, option, derivative or commodities contract; (c) failure of an Investment Advisor, foreign custody manager or other agent of the Fund; or (d) failure of other third parties similarly beyond the control or choice of the Custodian.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing a Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.10, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party may enforce the PII related terms of this Section 4.10 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • EXCLUSION OF THIRD PARTY RIGHTS A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Xxx 0000 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  • No Third Parties Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

  • Delegation to Third Parties Except where prohibited by applicable law or regulation, the Sub-Adviser may delegate or may employ a third party to perform any accounting, administrative, reporting and ancillary services required to enable the Sub-Adviser to perform its functions under this Agreement. Notwithstanding any other provision of the Agreement, the Sub-Adviser may provide information about the Adviser and any Fund to any such third party for the purposes of this paragraph, provided that the third party is subject to a confidentiality agreement that specifically prevents the misuse of any such information, including portfolio holdings. The Sub-Adviser will act in good faith and with due diligence in the selection, use and monitoring of third parties and shall be solely responsible for any loss, mistake, gross negligence or misconduct caused by such third party.

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