Role of Parties. The Parties agree that with respect to Processing of Personal Data for purposes of fulfilling an obligation under the Agreement the following definitions apply:
Role of Parties. The Parties agree that with regard to the Processing of Personal Data, Customer is the Data Controller and MailerLite is a Data Processor, acting on behalf of Customer.
Role of Parties. With respect to the Personal Information collected from Customers, you and Microsoft agree that both you and Microsoft are independent data controllers, and not joint controllers, as defined in the GDPR, of the Personal Information that each independently Processes.
Role of Parties. For the avoidance of doubt, the parties acknowledge and agree that the services provided by Recordkeeper are not those of an underwriter within the meaning of the 1933 Act or the 1940 Act.
Role of Parties. The parties acknowledge and agree that they are each independent controllers in respect of End User Personal Data and Partner Personal Data. Each Party shall be individually and separately responsible for complying with the obligations that apply to it as an independent Controller under Data Protection Laws.
Role of Parties. The parties acknowledge and agree that the Services under this Agreement are recordkeeping, shareholder communication, and related services only and are not the services of an underwriter or a principal underwriter within the meaning of the Securities Act of 1933, as amended, or the Investment Company Act of 1940. This Agreement does not xxxxx Xxxxxxxx or Participating Correspondents any right to purchase shares from any Fund (although it does not preclude them from purchasing any such shares), nor does it constitute Pershing or Participating Correspondent an agent of the Fund for purposes of selling shares of any Fund to any dealer or to the public. To the extent Pershing or Participating Correspondent is involved in the purchase of shares of any Fund by Client/Shareholders, such involvement will be as agent of such Client/Shareholders only.
Role of Parties. The parties acknowledge and agree that:
(a) The Services under this Addendum are not the services of an underwriter or a principal underwriter within the meaning of the Securities Act of 1933, as amended, or the 1940 Act. None of the Services under this Addendum shall be construed as investment advisory, distribution, or marketing-related services. This Addendum does not grant Recordkeeping Agent or IBDs any right to purchase shares from any Fund (although it does not preclude them from purchasing any such shares), nor is Recordkeeping Agent or IBD an agent of any Fund to receive any orders to purchase or redeem shares of such Fund on behalf of such Fund. To the extent Recordkeeping Agent is involved in the transmission of orders to purchase or redeem Fund shares received from an IBD, such involvement will be solely as agent of such IBD.
(b) Clients are transacting business with Recordkeeping Agent and IBD and will look to Recordkeeping Agent and IBD, and not the Fund, for resolution of problems or discrepancies in their accounts caused by or arising from the Services provided by Recordkeeping Agent pursuant to this Addendum. For avoidance of doubt, the parties hereto acknowledge that Recordkeeping Agent and IBD shall not be responsible for, and specifically disclaim responsibility or liability for, problems or discrepancies in Client accounts caused by or arising from services provided by the Fund or any of its service providers.
Role of Parties. 4.1. Each party shall comply with all relevant provisions of Data Protection Laws as it applies to matters under the Agreement and ensure that they process Personal Data fairly and lawfully in accordance with Data Protection Laws as applicable in the provision and receipt of the Service.
4.2. Insofar as the CCPA is applicable to the Service, Outbrain and Customer will be considered independent Businesses under the CCPA for the collection, processing and selling of any Personal Information, and Outbrain shall not be considered a Service Provider on anyone’s behalf.
4.3. Insofar as EU Data Protection Laws are applicable to the Service, the parties shall be deemed Joint Controllers under Article 26 GDPR solely with regards to the implementation of Outbrain Pixel by Customer, and the parties shall be deemed independent Controllers for any other processing activity. In particular, the Customer shall strictly remain independent controller for any Third Party Targeting.
4.4. Each party shall remain solely and exclusively responsible for determining the means and purposes of processing for its respective processing activities.
Role of Parties. 5.1 State as an Authority
(a) (No restriction on statutory functions): Subject to clause 5.1(b), each Franchisee acknowledges and agrees that:
(i) nothing in the State Concession Documents will in any way unlawfully restrict or otherwise unlawfully affect the unfettered discretion of the State to exercise any of its statutory functions or powers; and
(ii) anything which the State does, fails to do, or purports to do, pursuant to its statutory functions or powers or in the course of the creation or development of its policies and procedures and strategic decisions will be deemed not to be an act or omission by the State under the State Concession Documents and will not entitle a Franchisee to make any Claim against the State arising out of the subject matter of this deed or the other State Concession Documents.
Role of Parties. The Parties hereto expressly understand and agree that Lipoxen and SynBio are independent contractors in the performance of each and every part of this Agreement and nothing contained herein shall be construed as creating any agency, partnership or other form of joint enterprise between the Parties.
