Services and Terms. A. CCM shall perform the Services, pursuant to Issuer’s reasonable policies and procedures applicable to such Services as timely provided in writing to CCM.
B. CCM shall enter into the Service Agreements as set forth above.
C. CCM shall determine the levels and priorities applicable to the Services and related actions taken in connection therewith, but shall in all cases performing Services within a commercially reasonable time as applicable.
D. In the event an investor, broker-dealer or financial advisor contacts CCM regarding any of the issues set forth in Exhibit B attached hereto, CCM shall refer such investor, broker-dealer or financial advisor to another party per the written instructions of the Issuer.
E. Issuer hereby agrees that CCM shall have full discretion to engage subcontractors and third-party service providers to perform, and assist CCM with the performance of, any and all of its obligations under this Agreement.
F. It is intended that CCM be deemed an independent service provider and that no employment relationship shall be created between Issuer on the one hand and CCM or CCM’s employees, agents or subcontractors on the other hand.
G. Nothing in this Agreement shall in any way be deemed to restrict the right of CCM to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to Issuer or any investor not specifically undertaken by CCM hereunder.
H. Issuer agrees to use reasonable efforts to provide CCM (1) advance written notice in the event that there are any administrative changes to Issuer’s governing documents or business practices which changes would have an impact on the Services provided pursuant to this Agreement, including, but not limited to, changes to Issuer’s dividend reinvestment plan, redemption plan, commissions and fees (including discounts) paid on sales of shares, share price, investor suitability standards, the states where shares are offered, distribution rates or declaration and payable dates, introduction of new securities offerings, and changes in business practices pertaining to certification of shares, book entry, electronic delivery of information to stockholders; and (2) prompt notice of Issuer’s filing of a Registration Statement or any other form with the Securities and Exchange Commission, and any amendments thereto, that affect the Services provided by CCM pursuant to this Agreement.
I. Within the si...
Services and Terms. The Services are provided to Client subject to these Terms and Conditions. This is an Agreement for Services, and Client is not granted a license to any software by this Agreement.
Services and Terms. Section 2.01. GEMH Services; Scope Section 2.02. Transition Employees Services
Services and Terms. SECTION 2.01. Services; Scope
Services and Terms. The FIRE COMPANY shall promptly respond to calls for attendance at any fire, for any medical emergency, and for any life-threatening emergency event occurring in the Town of Enfield. “Respond” shall mean a verbal or other communicated response plus attendance thereat in person.
Services and Terms. A. PSS shall procure or otherwise deliver the Services for Preferred Shares, pursuant to the policies and procedures applicable to such Services set forth on Exhibit A or as timely provided in writing by the Issuer to PSS.
B. PSS shall facilitate the negotiation and coordinate the execution of the Agreements as set forth above.
C. PSS shall determine the levels and priorities applicable to the Services and related actions taken in connection with Preferred Shares, but shall in all cases procure or otherwise deliver the Services within a commercially reasonable time as applicable. Further, in no event will PSS perform services related to the distribution of securities under this Agreement. For the avoidance of doubt, the Services shall not include any services that constitute or are deemed to be:
1. transfer agent services or that would otherwise require PSS to register as a transfer agent under the Securities Exchange Act of 1934, as amended (the “Exchange Act”);
2. broker-dealer services or that would otherwise require PSS to register as a broker-dealer under the Exchange Act, including but not limited to investment banking services; or
3. investment advisory services or that would otherwise require PSS to register under the Investment Advisers Act of 1940 and/or corresponding state securities laws.
D. In the event an investor, broker-dealer, registered investment adviser who is registered under the Investment Advisers Act of 1940 or under applicable state securities laws, or licensed financial advisor contacts PSS regarding any of the issues set forth in Exhibit B attached hereto, PSS shall refer such investor, broker-dealer or financial advisor to another party in accordance with written instructions of the Issuer.
E. It is intended that PSS be deemed an independent service provider and that no employment relationship shall be created between the Issuer, on the one hand, and PSS or PSS’s employees, agents or subcontractors, on the other hand.
F. Nothing in this Agreement shall in any way be deemed to restrict the right of PSS to perform services for any other person or entity, and the performance of such services for others shall not be deemed to violate or give rise to any duty or obligation to the Issuer or any other person or entity not specifically undertaken by PSS hereunder.
G. The Issuer agrees to use reasonable efforts to provide PSS (1) advance written notice in the event that there are any changes to the Issuer’s governing documents or busines...
Services and Terms. SECTION 2.01. Services; Scope SECTION 2.02. Conversion Services SECTION 2.03. GE Services Manager SECTION 2.04. Company Services Manager SECTION 2.05. Performance and Receipt of Services Article III OTHER ARRANGEMENTS SECTION 3.01. Vendor Agreements SECTION 3.02. Six Sigma Programs Article IV ADDITIONAL AGREEMENTS SECTION 4.01. Leases SECTION 4.02. Computer-Based Resources SECTION 4.03. GRC Matters SECTION 4.04. Consents SECTION 4.05. Access SECTION 4.06. Management Consulting Services Article V COSTS AND DISBURSEMENTS; PAYMENTS
Services and Terms. SECTION 2.01. Services and Terms 6 SECTION 3.01. Accounting Policies 6 SECTION 3.02. Corporate Policies 6 SECTION 3.03. Six Sigma Materials 7 SECTION 3.04. Limitation on Rights and Obligations with Respect to the GE Materials 7
Services and Terms. During the period commencing on the date hereof and ending on the relevant Service Termination Date (as specified in Schedule A or B hereto, as the case may be), subject to the provisions set forth in Article X, GE shall provide or cause to be provided to the Company the services listed in Schedule A (the “GE Services”) and, at the request of GE, the Company shall provide or cause to be provided to GE the services listed in Schedule B hereto (collectively with the GE Services, the “Services”); provided, however, that services provided in China, Philippines and India shall terminate on the expiration of its term as defined in Schedule A, unless prohibited by applicable Law.
Services and Terms. Xxxxxxx shall provide to the User the services for the term in Schedule 1. Xxxxxxx will make all reasonable best efforts to provide quality service to the extent that such service is within the control of Xxxxxxx. However, the User acknowledges that Xxxxxxx cannot guarantee the speed or reliability of any uploads or downloads, and that service may be dependant on factors beyond Xxxxxxx’ control, including, without limiting the foregoing, acts of God, weather, civil or military unrest or uncertainty, Xxxx Canada interruption, Internet traffic, or User’s equipment. User acknowledges that the service does not function in the event of power failure. A power failure or any other disruption may require you to reset or reconfigure the equipment, including your computer system, prior to utilizing or reutilizing the service. Until cancelled or terminated as provided in the service agreement, the term and the service agreement will continue. Following the expiry of any Initial Service Period, the Service Agreement will automatically renew for successive terms of a duration to be determined by Xxxxxxx, in its sole discretion, and communicated to the User in advance, at the then-applicable monthly rate until cancelled or terminated as provided herein.
