Survival of terms in the Agreement Sample Clauses

Survival of terms in the Agreement. 10.11.1 Clauses 7.3, 10, paragraph 2.4 of Schedule 1, paragraphs 3.4 and 5.5 of Schedule 3, and Schedule 4 will continue to apply after the closure of your Account and/or termination of the Agreement. This Schedule 1 sets out terms that apply to the give-up of a Trade. All Trades entered into under this Agreement will be “Spot FX Contracts” or “Spot Precious Metal Contracts” which are ‘over-the-counter’ contracts that settle on the spot value date, that is, within two trading days. All Trades entered into between you and us under this Agreement will be given up to the Prime Broker(s) in accordance with the terms of the relevant Give-Up Agreement. You are responsible for checking the status of any Orders and Trades. You should contact your Prime Broker for definitive confirmation that a Trade has been given up for settlement. In addition to our rights in clause 4.2.4, an Order may be rejected by us where: (a) a fully executed and enforceable written Give-Up Agreement is not in place; (b) where the Order will breach an Account Limit or the terms of the Give-Up Agreement including any limit or restriction provided for in or under the provisions of the Give-Up Agreement. Where a Trade is accepted by the Prime Broker(s) in accordance with terms of the Give-Up Agreement, we shall cease to be a party to the Trade and shall have no obligation to you for its performance. If, for any reason whatsoever, a Prime Broker refuses to accept the give-up of a Trade, including, without limitation, where you have failed to notify a Prime Broker of the Trade or where a Trade will breach the terms of the Give-Up Agreement, we will be entitled to cancel the Trade and, in accordance with clause 7.3.2, we will not be responsible for any loss incurred by you resulting from such cancellation. Save in the event of our negligence, fraud, breach of this Agreement or Applicable Law, you will be responsible for any losses and/or expenses that we suffer which are the result, or which we consider to be the probable result, of the failure of a give-up of a Trade. This Schedule 2 sets out the additional terms that apply to your use of our Platform.
Sample 1
AutoNDA by SimpleDocs

Related to Survival of terms in the Agreement

  • Survival of Terms Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

  • Execution of the Agreement The Company, the party executing this Agreement on behalf of the Company, and the Consultant, have the requisite corporate power and authority to enter into and carry out the terms and conditions of this Agreement, as well as all transactions contemplated hereunder. All corporate proceedings have been taken and all corporate authorizations and approvals have been secured which are necessary to authorize the execution, delivery and performance by the Company and the Consultant of this Agreement. This Agreement has been duly and validly executed and delivered by the Company and the Consultant and constitutes a valid and binding obligation, enforceable in accordance with the respective terms herein. Upon delivery of this Agreement, this Agreement, and the other agreements and exhibits referred to herein, will constitute the valid and binding obligations of Company, and will be enforceable in accordance with their respective terms. Delivery may take place via facsimile transmission.

  • Survival of Terms and Conditions The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

  • Terminating the Agreement With reasonable cause, either Client or Contractor may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage; or Either party terminating this Agreement at any time by giving days' written notice to the other party of the intent to terminate.

  • Survival of Agreement All covenants, agreements, representations and warranties made by any party in this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement.

  • AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties.

  • Reliance on the Agreement To the extent that, at law or in equity, a Member, Manager, director of the Company, officer of the Company or any Specified Agent has duties (including fiduciary duties) and liabilities relating thereto to the Company or to any Member or other person bound by this Agreement, such Member, Manager, director, officer or any Specified Agent acting under this Agreement shall not be liable to the Company or to any Member or other person bound by this Agreement for its good faith reliance on the provisions of this Agreement. The provisions of this Agreement, to the extent that they restrict the duties and liabilities of a Member, Manager, director of the Company, officer of the Company or any Specified Agent otherwise existing at law or in equity, are agreed by the parties hereto to replace such other duties and liabilities of such Member, Manager, director or officer or any Specified Agent.

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • Termination of the Agreement In the event of failure by the participant to perform any of the obligations arising from the agreement, and regardless of the consequences provided for under the applicable law, the institution is legally entitled to terminate or cancel the agreement without any further legal formality where no action is taken by the participant within one month of receiving notification by registered letter. If the participant terminates the agreement before its agreement ends or if he/she fails to follow the agreement in accordance with the rules, he/she shall have to refund the amount of the grant already paid, except if agreed differently with the sending organisation. In case of termination by the participant due to "force majeure", i.e. an unforeseeable exceptional situation or event beyond the participant's control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive at least the amount of the grant corresponding to the actual duration of the mobility period. Any remaining funds shall have to be refunded, except if agreed differently with the sending organisation.

  • Confidentiality of the Agreement The parties agree that the terms and provisions of this Agreement shall be kept confidential and shall be disclosed only to those persons and entities as required by law or as permitted by the other party hereto. The parties may, however, disclose the existence of this Agreement to any person or entity.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!