Structure of the Agreement. (a) The Services are governed by the terms of this Agreement as amended and/or supplemented as set forth in Exhibit B, and the PSAs. Each PSA executed after the Execution Date shall be in the form attached as Exhibit C, unless otherwise agreed to by the parties.
(b) PROVIDER agrees to provide the Services under the terms and conditions of this Agreement and as more specifically described in the PSAs.
Structure of the Agreement. 2.1 This Agreement consists of:
2.1.1 The Terms and Conditions;
Structure of the Agreement. This Agreement contains a basic set of rules that applies to each separate order for Services that we may place with you during the term of this Agreement by issuing an order form in the form as attached hereto as Annex 1 (hereinafter “Order Form”).
Structure of the Agreement. The Agreement consists of the following: (a) these GTCs and the attached Exhibit A (Definitions); (b) any Transaction Documents entered into in accordance with these GTCs; and (c) the Software and Support Addendum set forth below, which Software and Support Addendum is incorporated into these GTCs by reference; and (d) the AVEVA Software Schedule P&O APM M&C (Excluding Process Optimization and Unified Supply Chain) (“Software Schedule”) set forth below.
Structure of the Agreement. (1) This Agreement sets out the general rights and obligations of each Party. Under this Agree- ment the Liquidity Provider may enter into individual supplements which are individual agreements between the Parties specifying the applicable parameters and Incentives applicable for each of the Liquidity Provision schemes on a product, package or program level and are concluded by Liquidity Providers pursuant to Section 2 Paragraph (4) (“Product Specific Supplements”). The General Supplement forms an integral part of this Agreement. Each Product Specific Supplement shall comply with the provisions of this Agreement and will incorporate the provisions of this Agreement accordingly, unless otherwise provided for therein. The General Supplement states the requirements that need to be fulfilled by Liquidity Provider in order to be entitled for Incentives.
(2) In case of any deviations or inconsistencies between the provisions set forth in this Agreement and those set forth in any Product Specific Supplement executed hereunder, the provisions of the respective Product Specific Supplement shall prevail over those of this Agreement..
(3) For the avoidance of doubt, in addition to this Agreement Liquidity Provider may receive further Incentives for liquidity provision within the Price List of Eurex Clearing AG.
Structure of the Agreement. (1) This Agreement sets out the general rights and obligations of each Party. Under this Agree- ment the Liquidity Provider may enter into individual Supplements which are individual agree- ments between the Parties specifying the applicable parameters and Incentives applicable for each of the Liquidity Provision schemes on a product, package or program level and are con- cluded by Liquidity Providers pursuant to Section 2 Paragraph (4) (“Product Specific Supple- ments”). Obligatory element for this Agreement is Appendix 1 (“General Supplement”) which forms an integral part of this Agreement. Each Supplement shall comply with the provisions of this Agreement and will incorporate the provisions of this Agreement accordingly, unless oth- erwise provided for therein. The General Supplement states the requirements that need to be fulfilled by Liquidity Provider in order to be entitled for Incentives.
(2) In case of any deviations or inconsistencies between the provisions set forth in this Agreement and those set forth in any Supplement executed hereunder, the provisions of the respective Supplement shall prevail over those of this Agreement. In any case, the provisions in the re- spective Product Specific Supplement prevail over Appendix 1.
(3) For the avoidance of doubt, in addition to this Agreement Liquidity Provider may receive further Incentives for liquidity provision within the Price List of Eurex Clearing AG.
Structure of the Agreement. 2.1 In the event of conflict between the terms of this Agreement and the documents referenced herein, the documents shall take precedence in the following order of priority (with the documents that are higher in the list taking priority over documents lower in the list):
2.1.1 this Agreement (with a Section with the lower number (e.g.
Section 1) prevailing over a Section with a higher number (e.g. Section 3);
2.1.2 the SkiYodl Privacy Policy (available within the website footer of xxxxxxx.xxx), as updated from time to time; and
2.1.3 any other document incorporated by reference into this Agreement from time to time.
Structure of the Agreement. 2.1 This Main Agreement is intended to operate as a master or framework agreement with the Campaign Documents to be executed hereunder. All Campaign Documents shall be governed by this Main Agreement and the provisions of this Main Agreement shall apply in respect of each Campaign Document as if fully included within the body of the Campaign Document.
2.2 This Main Agreement shall apply to Services rendered by Black Swan Technology Holdings to the Client or to an Affiliate of the Client, and where applicable, to Services rendered by an Affiliate of Black Swan Technology Holdings to the Client or an Affiliate of the Client, in each instance where the Parties have concluded a Campaign Document. Where appropriate, all references to “the Client” or “Black Swan Technology Holdings” in this Main Agreement shall be a reference to the Client Affiliate or Black Swan Technology Holdings Affiliate, as the case may be, which has concluded a Campaign Document.
2.3 Each Campaign Document read with this Main Agreement shall become “the Agreement” between Black Swan Technology Holdings or Black Swan Technology Holdings Affiliate and the Client or the Client Affiliate, as the case may be, in respect of the Services as described in that Campaign Documents.
2.4 Where the Parties enter a Campaign Document which has varying terms to any of the terms of the Agreement, then the varying terms of that Campaign Document shall prevail and shall be binding, but only with respect to the particular Campaign Document. The varying terms in the Campaign Document will however not otherwise result in the terms in the Agreement being amended in general and the equivalent terms in the Agreement shall continue to apply outside of the aforesaid varying Campaign Document.
2.4.1 Notwithstanding any contrary provision the Parties shall be responsible for the acts and omissions of any of their Affiliates or for the failure of an Affiliate to comply with a Campaign Documents.
2.5 As at the Commencement Date, the following Annexures form part of this Agreement:
Structure of the Agreement. This Agreement consists of a signed cover sheet and this contract document with appendices, and additional terms given below. The Agreement has the following appendices: Appendix 1 Fees for Strex’ Services The Agreement has the following additional terms: Product Description An agreement document that describes the functionality of the Payment Service Implementation Guide An agreement document that describes the Merchant's implementation of the Payment Service Merchant Code of Conduct An agreement document that regulates the guidelines for the Merchant's use of the Payment Service (referred to herein as the “Code of Conduct”, previously referred to as the “CPA Guidelines”) Design Manual An agreement document that regulates the guidelines for the Merchant’s use of logos and other graphic elements, and depictions of the available logos and other graphic elements The additional terms apply as stated on Strex’ website under the URL xxxxx.xx/xxxxxxxx_xxxxxxxxx-xxxx-xxxxxxx at the time of the execution of the Agreement, subject to any subsequent changes notified to the Merchant in accordance with clause 15.
Structure of the Agreement. Unless otherwise agreed to by the Parties, the Customer agrees that each Order referring to the Terms and Conditions, and the relevant Order Confirmation from FIMER, is aseparate Agreement, legallyindependentfrom any others. Each time the Customer submits an Order which is subject to the Order Confirmation by FIMER the relevant Supply shall be subject to the further contractual conditions for Products and/or Services indicated in the Order and in the Order Confirmation which are part of the Agreement. In case of differences between the terms of the contractual documents, those contained in the Order Confirmation and in the Terms and Conditions prevail over those contained in the Order, and those contained in the Order Confirmation prevail over those in the Terms and Conditions. Any eventual general conditions applied by the Customer not expressly accepted in writing by FIMER, also where indicated in the Order and/or on the reverse of the Order, shall not apply. XXXXX’s Offer is valid only when transmitted in writing and for the period indicated in that Offer. No FIMER agent or intermediary has the power to accept Orders on behalf of FIMER. The Agreement is stipulated between the Parties when FIMER, after receipt of the Order, notifies the Customer in writing about the acceptance of the same by sending the Order Confirmation. Upon receipt of the FIMER Order Confirmation, the Customer should verify all the information provided therein; it is considered accepted by the Customer if not challenged immediately in writ- ten by the latter. The materials and services not ex- pressly described in the Order Confirmation will be in- voiced separately. These Terms and Conditions shall only apply to the Supply of Products and/or Services, as the case may be. These Terms and Conditions, to- gether with the Order and the Order Confirmation, shall represent the entirety of the contractual terms and conditions entered into between FIMER and the Cus- tomer, regarding a specific Supply and shall, in this re- spect, supersede any other communication and/ or oral or written agreement between FIMER and the Cus- tomer. By availing itself of (the rights and remedies pro- vided by) these Terms and Conditions, the Customer hereby agrees to abide by the same Terms and Condi- tions.
