Sentence. 1 1.1 And Appendix 1, 1.2 Purpose and Application., Appendix 1, Structure. 28(3) (A) And 29 3.1 And 3.2 Instructions from Customer. Processing on Legal Requirement. 28(3) (B) 3.3 Personnel. 28(3) (C) And 32 2 And Appendix 2 Security of Processing And Appendix 2 Technical and Organizational Measures 28(3) (E) 3.4 Cooperation. 28(3) (F) And 32- 36 2 And Appendix 2 , 3.5, 3.6 Security of Processing And Appendix 2 Technical and Organizational Measures, Personal Data Breach Notification. Data Protection Impact Assessment. 28(3) (G) 4 Data export and Deletion 28(3) (H) 5 CERTIFICATIONS AND AUDITS 28 (4) 6 SUBPROCESSORS
Sentence. Notification of Right to Ap- peal.
Sentence. 1 No. 1 BGB (German Civil Code) is excluded, as far as rework or replacement has not failed. Also a liability of DS without a fault for errors in a Licensed Program existing at the time of conclusion of the Agreement acc. to § 536a Sec. 1 BGB (German Civil Code) is expressly excluded. Für jede befristete Lizenz gilt Folgendes: Ein Kündigungsrecht des Kunden wegen Nichtgewährung des Gebrauchs von Lizenzierten Programmen nach § 543 Abs. 2 S. 1 Nr. 1 BGB ist ausgeschlossen, sofern die Abhilfe oder Ersatzlieferung nicht als erfolglos gilt. Auch eine verschuldensunabhängige Haftung von DS für bereits bei Vertragsabschluß vorhandene Mängel eines Lizenzierten Programmes nach § 536 a Abs. 1 BGB wird ausdrücklich ausgeschlossen. THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS FOR DS OFFERINGS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. DIE VORSTEHENDE GEWÄHRLEISTUNG GILT ANSTELLE UND UNTER AUSSCHLUSS JEDER ANDEREN GEWÄHRLEISTUNGEN, ZUSICHERUNGEN ODER BEDINGUNGEN FÜR DIE DS-ANGEBOTE, OB AUSDRÜCKLICH ODER IMPLIZIERT, EINSCHLIESSLICH OHNE DARAUF BESCHRÄNKT ZU SEIN, JEDE IMPLIZIERTE GEWÄHRLEISTUNG DER MARKTGÄNGIGKEIT ODER EIGNUNG ZU EINEM BESTIMMTEN ZWECK, EIGENTUMSRECHT ODER NICHTVERLETZUNG VON RECHTEN.
Sentence. 18 (1) Except as provided in paragraphs (2) and (3),
Sentence. An Advancing Person whose obligations hereunder are limited to the funding of Advances and/or Servicing Advances shall not be required to meet the qualifications of a Master Servicer or a Subservicer pursuant to Section 3.02(a) or 6.02(c) hereof and shall not be deemed to be a Subservicer under this Agreement. Notwithstanding anything to the contrary herein, in no event shall Advance Reimbursement Amounts or Servicing Advance Reimbursement Amounts be included in the Available Distribution Amount or distributed to Certificateholders.
Sentence. Each Holder, by his acceptance of any Registrable Note, agrees that during any Delay Period, each Holder will discontinue disposition of such Notes or Exchange Notes covered by such Registration Statement or Prospectus or Exchange Notes to be sold by such Holder or Participating Broker-Dealer, as the case may be and further agrees that it shall hold in confidence the existence of any Delay Period.
Sentence. The Corporate Taxpayer and the TRA Party Representative shall bear their own costs and expenses of such proceeding, unless (i) the Expert adopts the TRA Party Representative’s position, in which case the Corporate Taxpayer shall reimburse the TRA Party Representative for any reasonable out-of-pocket costs and expenses in such proceeding, or (ii) the Expert adopts the Corporate Taxpayer’s position, in which case the TRA Party Representative shall reimburse the Corporate Taxpayer for any reasonable out-of-pocket costs and expenses in such proceeding. Any dispute as to whether a dispute is a Reconciliation Dispute within the meaning of this Section 7.9 shall be decided by the Expert. The Expert shall finally determine any Reconciliation Dispute and the determinations of the Expert pursuant to this Section 7.9 shall be binding on the Corporate Taxpayer and each of the TRA Parties and may be entered and enforced in any court having jurisdiction.
Sentence. The Custodian will rely on, but cannot be responsible for, verify or confirm, the content or accuracy of any information provided by the third party title intermediary.
Sentence. The maximum penalties the Court can impose include:
a. imprisonment for a period of not more than the following: Count One – five (5) years; Counts Two through Ten – ten (10) years on each count; and Count Eleven – twenty (20) years;
b. a fine not to exceed the following: Counts One through Ten - $250,000 on each count; and Count Eleven - $500,000 or twice the value of the property involved in the transaction;
c. a term of supervised release of not more than three (3) years on each count, which may be mandatory under the law and will follow any term of imprisonment. If the defendant violates the conditions of supervised release, the defendant could be imprisoned for the entire term of supervised release;
d. a mandatory special assessment of $1,100;
e. restitution to victims or to the community, which is mandatory under the law, and which the defendant agrees may include restitution arising from all relevant conduct, not limited to that arising from the offense of conviction alone;
f. costs of incarceration and supervision; and
g. forfeiture of property.
Sentence. All or any portion of a Global Preferred Security may be exchanged for a Preferred Security that has a like aggregate principal amount and is not a Global Preferred Security upon 20 days' prior written request made by the Clearing Agency or its authorized representative to the Property Trustee; provided, however that no Definitive Preferred Security Certificate shall be issued in an amount representing less than $100,000 in aggregate Liquidation Amount of Preferred Securities. Upon the occurrence of any event specified in clause (a), (b) or (c) above, the Administrative Trustees shall notify the Clearing Agency and the Clearing Agency shall notify all Owners of beneficial interests in Global Preferred Securities, the Property Trustee and the Administrative Trustees of the occurrence of such event and of the availability of the Definitive Preferred Security Certificate to such Owners requesting the same; provided, however, that no Definitive Preferred Security Certificate shall be issued in an amount representing less than $10 in aggregate Liquidation Amount of Preferred Securities. Upon surrender to the Administrative Trustees of the typewritten Preferred Securities Certificate or certificates representing the Global Preferred Securities held by the Clearing Agency, accompanied by registration instructions, the Administrative Trustees, or any one of them, shall execute Definitive Preferred Securities Certificates in accordance with the instructions of the Clearing Agency. Neither the Securities Registrar nor the Trustees shall be liable for any delay in delivery of such instructions and may conclusively rely on, and shall be protected in relying on, such instructions. Upon the issuance of a Definitive Preferred Securities Certificate, the Trustees shall recognize the Holder of the Definitive Preferred Securities Certificate as a Securityholder. Definitive Preferred Securities Certificates shall be printed, lithographed or engraved or may be produced in any other manner as is reasonably acceptable to the Administrative Trustees, as evidenced by the execution thereof by the Administrative Trustees or any one of them.
