Section 7.J Sample Clauses

Section 7.J. The Agreement is hereby amended to add a new Section 7.J. as follows: "DST's performance will be measured against the Performance Standards set forth in Attachment I attached to the Amendment entered into as of the Amendment Effective Date."
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Section 7.J. The following Section 7.J is hereby added: “Notwithstanding anything herein to the contrary and subject to the limitations of liability set forth within this Agreement, with respect to "as of" adjustments, DST will not assume one hundred percent (100%) responsibility for losses resulting from "as ofs" due to clerical errors or misinterpretations of securityholder instructions, but DST will discuss with the Financial Product DST's accepting liability for an "as of" on a case-by-case basis and may accept financial responsibility for a particular situation resulting in a financial loss to the Financial Product where such loss is “material”, as hereinafter defined, and, under the particular facts at issue, DST in its discretion believes DST’s conduct was culpable and DST’s conduct is the sole cause of the loss. A loss is “material” for purposes of this Section 7.J. when it results in a pricing error on a given day which is (i) greater than a negligible amount per securityholder, (ii) equals or exceeds one ($.01) full cent per share times the number of shares outstanding or (iii) equals or exceeds the product of one-half of one percent (1%) times Financial Product’s Net Asset Value per share times the number of shares outstanding (or, in case of (ii) or (iii), such other amounts as may be adopted by applicable accounting or regulatory authorities from time to time). When DST concludes that it should contribute to the settlement of a loss, DST’s responsibility will commence with that portion of the loss over $0.01 per share calculated on the basis of the total value of all shares owned by the affected portfolio (i.e., on the basis of the value of the shares of the total portfolio, including all classes of that portfolio, not just those of the affected class).”
Sample 1

Related to Section 7.J

  • Section 6.2 13 The Association representatives may represent the Association and employees in meeting with officials 14 of the District to discuss appropriate matters of mutual interest. They may receive and investigate to 15 conclusion complaints or grievances of employees on District time and thereafter advise employees of 16 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 17 the grievances or complaints. They may not, however, continue to advise the employee on courses of 18 action after the employee has indicated a desire not to pursue a grievance. This does not, however, 19 preclude the Association's right to pursue the matter to conclusion. They may consult with the District 20 on complaints without a grievance being made by an individual employee.

  • Section 4.3 12 The Association reserves and retains the right to delegate any right or duty contained herein to 13 appropriate officials of the Public School Employees of Washington State Organization.

  • Section 7 11(a) of the Credit Agreement is hereby amended to read as follows:

  • Section 14 Upon timely request, the Department of Administrative Services shall make available at no cost to the Union the latest copy of any SEIU Local 503, OPEU bargaining unit employee statistical and expenditure reports relative to employment and benefits currently produced by the Department of Administrative Services which do not require manual or machine editing to remove confidential data or non-SEIU Local 503, OPEU bargaining unit employee data. Such request must be made in advance of the preparation of the reports. If new and appropriate employee statistical and expenditure reports are produced by the Department of Administrative Services, the Department and the Union may mutually agree in advance to provide such reports at no cost.

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Section 10 11. Article 10 Not To Prevent Events of Default or Limit Right To Accelerate..................... 91 SECTION 10.12. Trust Moneys Not Subordinated................................................................ 91 SECTION 10.13. Trustee Entitled To Rely..................................................................... 92 SECTION 10.14.

  • SECTION 112 Governing Law..................................................14 SECTION 113. Legal Holidays.................................................14

  • Section 3.4 26 Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, 27 exclusive of compensation for services rendered, to appropriate officials of the Association.

  • Section 6 5 No Action Except Under Specified Documents or Instructions............................23 Section 6.6 Restrictions..........................................................................24

  • Section 11.3 No Personal Liability of Directors, Officers, Employees, Stockholders or Incorporators........................... 31

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