Structure of Agreement. The Trust is entering into this Agreement solely on behalf of the Fund or Funds named herein individually and not jointly. Notwithstanding any to the contrary in this Agreement, no breach of any term of this Agreement shall create a right or obligation with respect to any series of the Trust other than the Fund; (b) under no circumstances shall the Adviser have the right to set off claims relating to the Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Fund.
Structure of Agreement. The Trust is entering into this Agreement on behalf of the respective Funds severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each Fund severally and not jointly. No Fund shall have any responsibility for any obligation of any other Fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing:
(a) any breach of any term of this Agreement regarding the Trust with respect to any one Fund shall not create a right or obligation with respect to any other Fund;
(b) under no circumstances shall the Adviser have the right to set off claims relating to a Fund by applying property of any other Fund; and
(c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the particular Fund to which such relationship and consideration applies. This Agreement is intended to govern only the relationships between the Adviser, on the one hand, and the Trust and the Funds, on the other hand, and (except as specifically provided above in this Paragraph 14) is not intended to and shall not govern (i) the relationship between the Trust and any Fund or (ii) the relationships among the respective Funds.
Structure of Agreement. The Trust is entering into this Agreement solely on behalf of each Fund set forth on Exhibit A, and (a) no breach of any term of this Agreement with respect to any Fund shall create a right or obligation with respect to any series of the Trust other than such Fund; (b) under no circumstances shall the Adviser have the right to set off claims relating to any Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the respective Fund.
Structure of Agreement. 2.1. This Agreement, including these terms (“Base Agreement” or “BA”), Attachments, and applicable Transaction Documents (“TD”), either attached hereto or agreed by the parties from time to time during the Term, as defined in Section 12.1, are the complete agreement regarding transactions under this Agreement (together, the “Agreement”) under which Customer may order Lenovo Service Offerings. TDs detail the specifics of transactions, such as charges and a description of and information about the Service Offerings. Examples of TDs include statements of work, service descriptions, ordering documents, and invoices. Attachments provide supplement terms that detail specifics of individual Service Offering.
2.2. Any conflicting terms in a TD that override other parts of this Agreement will be identified in the TD accepted by the Customer and only apply to the specific transaction. Any additional or different terms not in a writing signed by both parties and any contrary terms on a Customer ordering document, purchase order, etc., shall not be a part of this Agreement. Confirmation of Xxxxxx’s receipt of a Customer ordering document does not constitute Lenovo’s acceptance of the order.
Structure of Agreement. The Adviser and Sub-Adviser are entering into this Agreement with regard to the respective Funds severally and not jointly. The responsibilities and benefits set forth in this Agreement shall be deemed to be effective as between the Adviser and Sub-Adviser in connection with each Fund severally and not jointly. This Agreement is intended to govern only the relationships between the Adviser, on the one hand, and the Sub-Adviser, on the other hand, and is not intended to and shall not govern (i) the relationship between the Adviser or Sub-Adviser and any Fund, or (ii) the relationships among the respective Funds.
Structure of Agreement. This Agreement is intended to govern only the relationship between the Adviser, on the one hand, and the Sub-Adviser, on the other hand, and is not intended to and shall not govern (i) the relationship between the Adviser or Sub-Adviser and the Fund or any series of the Company, or (ii) the relationships among the respective series of the Company.
Structure of Agreement. 2.1 Unless they expressly state otherwise, the terms and conditions of MIFA # 3 apply to each of the bargaining units recognized in the former individual collective bargaining agreement between Frontier Communications of the Northwest Inc. and IBEW Local Union 89 and in the former individual collective bargaining agreements between Frontier Communications of the Southwest Inc. and IBEW Local Union 543, each of which, as amended in MIFA # 3 negotiations between the parties, appear in the Appendices to this Agreement.
2.2 To the extent that the terms and conditions of MIFA # 3 do not affect the terms and conditions of the former individual collective bargaining agreements, as amended in MIFA # 3 negotiations, that appear in the Appendices to this Agreement, the terms and conditions of those former individual collective bargaining agreements which have not by their own terms expired shall continue in full force and effect with respect to the bargaining unit each covers. In the event of a conflict between the terms and conditions of MIFA # 3 and the terms and conditions of any of the former individual collective bargaining agreements that appear in the Appendices to this Agreement, the terms and conditions of MIFA # 3 shall be controlling.
Structure of Agreement. The Trust is entering into this Agreement on behalf of the Funds severally and not jointly. The responsibilities and benefits set forth in this Agreement shall refer to each Fund severally and not jointly. No individual Fund shall have any responsibility for any obligation with respect to any other Fund arising out of this Agreement. Without otherwise limiting the generality of the foregoing,
(a) any breach of any term of this Agreement regarding the Trust with respect to any one Fund shall not create a right or obligation with respect to any other Fund;
(b) under no circumstances shall the Adviser have the right to set off claims relating to a Fund by applying property of any other Fund; and
(c) the business and contractual relationships created by this Agreement, the consideration for entering into this Agreement, and the consequences of such relationships and consideration relate solely to the Trust and the particular Fund to which such relationship and consideration applies.
Structure of Agreement. The Trust is entering into this Agreement solely on behalf of the Fund, and: (a) no breach of any term of this Agreement will create a right or obligation with respect to any series of the Trust other than the Fund; (b) under no circumstances will the Adviser have the right to set off claims relating to the Fund by applying property of any other series of the Trust; and (c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Fund.
Structure of Agreement. For avoidance of doubt, the parties hereto agree:
(a) any breach of any term of this Agreement regarding the Trust with respect to any Fund shall not create a right or obligation with respect to any other series of the Trust;
(b) under no circumstances shall the Adviser have the right to set off claims relating to a Fund by applying property of any other series of the Trust; and
(c) the business and contractual relationships created by this Agreement, consideration for entering into this Agreement, and the consequences of such relationship and consideration relate solely to the Trust and the Funds and not to any other series of the Trust. This Agreement is intended to govern only the relationships between the Adviser and the Sub-Adviser with respect to services provided to the Trust and the Funds, and (except as specifically provided above in this Paragraph 16) is not intended to and shall not govern (i) the relationship between the Trust and the Funds or (ii) the relationships among the Funds and any other series of the Trust.
