Standard of Duty. Consultant acknowledges and agrees that Consultant has a duty to act in the best interests of Carlyle and to do no act that would knowingly injure the business, interests or reputation of Carlyle, the Portfolio Companies or, to the best of Consultant’s knowledge, any of its or their subsidiaries, affiliates or owners. In keeping with these duties, Consultant will use reasonable efforts to disclose to Company business opportunities that may become known to Consultant pertaining to the Company’s or any Portfolio Companies’ business.
Standard of Duty. Except to the extent caused by Escrow Agent's misconduct or negligence, the Buyer and Seller jointly and severally promise and agree to indemnify and save Escrow Agent harmless from any claims, liabilities, judgments, reasonable attorneys' fees and other expenses of every kind and nature which may be incurred by Escrow Agent by reason of its acceptance of, and performance under, this instrument.
Standard of Duty. The Guarantee Trustee must exercise, and must procure that each Authorised Officer of the Guarantee Trustee exercises, good faith and the same degree of care, skill and diligence as a reasonable and prudent Person would exercise in carrying out its functions, duties and obligations under this deed.
Standard of Duty. Senior Advisor acknowledges and agrees that Senior Advisor has a duty to act in the best interests of Carlyle and to do no act that would knowingly injure the business, interests or reputation of Carlyle, the Portfolio Companies or, to the best of Senior Advisor’s knowledge, any of its or their subsidiaries, affiliates or owners. In keeping with these duties, Senior Advisor will use reasonable efforts to disclose to Company business opportunities that may become known to Senior Advisor pertaining to the Company’s or any Portfolio Companies’ business.
Standard of Duty. The Client may at any time make specific requests to Fundnel about Fundnel’s performance of the services but has no right to, and shall not, control the manner, or determine any aspect, of Fundnel’s performance of the services. Fundnel may, but is not necessarily obliged to, accommodate these requests. Fundnel alone shall determine the method, details, and means of performing the services to be carried out for the Client. In the course of performing the services, Fundnel shall at all times remain an independent contractor and not an employee, agent, joint venturer, or partner of the Client. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the Client and Fundnel, and the Client therefore shall not take any action or provide Fundnel with any benefits or commitments inconsistent with Fundnel’s status as an independent contractor.
Standard of Duty. The Issuer may at any time make specific requests to ECF Operator about ECF Operator’s performance of the Issuer services but has no right to, and shall not, control the manner, or determine any aspect, of ECF Operator’s performance of the Campaign Services. ECF Operator may, but is not necessarily obliged to, accommodate these requests. ECF Operator shall, in consultation with the Issuer, determine the method, details, and means of performing the Campaign Services to be carried out for the Issuer. In the course of performing the Campaign Services, ECF Operator shall at all times remain an independent contractor and not an employee, agent, joint venture, or partner of the Issuer. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the Issuer and ECF Operator, and the Issuer therefore shall not take any action or provide ECF Operator with any benefits or commitments inconsistent with ECF Operator’s status as an independent contractor.
