The Customer a) It refers to the Natural or Juridical Person signing this BANKING PRODUCTS AND SERVICES AGREEMENT by stamping their signature on the activation form of any banking service or by signing on the signature cards of the account (s) as it appears in the files of THE BANK, and the persons appointed by him in any accounts or BANK SERVICES and includes its successors and persons authorized by him to carry out any banking operation, to draw, to dispose of the funds deposited in THE BANK and to instruct the BANK, or the person (s) joining this BANKING PRODUCTS AND SERVICES AGREEMENT by including them in an activation form for any banking service or by signing the account (s), as it appears in the files of THE BANK. Therefore, references to THE CUSTOMER in this BANKING PRODUCTS AND SERVICES AGREEMENT shall be applied and shall be binding upon each and every one of the persons having the status of CUSTOMER, and the assignees, agents or representatives thereof, who declare that they accept each and every one of the terms and conditions set forth in this BANKING PRODUCTS AND SERVICES AGREEMENT, and also declares that the information supplied by them to the BANK is true.
b) Any reference to a person such as "DEBTOR", "CO-DEBTOR", "GUARANTOR", "GUARANTEE", "SIGNATURE", "MAIN CUSTOMER", "ADDITIONAL CUSTOMER", "CARDHOLDER" or "ACCOUNT HOLDER", GENERAL CONDITIONS or PARTICULAR CONDITIONS in this, or any document or communication of THE BANK, refers also to THE CUSTOMER; Therefore, any liability of the CUSTOMER shall be payable by such person.
The Client The Subcontractor acknowledges that any work performed under this Agreement must be in accordance with the latest version agreement(s) (“Prime Contract”) made between the Contractor and ______________________ with a mailing address of ______________________, City of ______________________, State of ______________________ (“Client”).
The Contractor A general contractor shall be retained by Tenant to construct the Improvements. Such general contractor (“Contractor”) shall be selected by Tenant from a list of general contractors supplied by Landlord, and Tenant shall deliver to Landlord notice of its selection of the Contractor upon such selection.
The Custodians The Custodian shall be subject at all times and in all respects to the directions of the Depositary and shall be responsible solely to it. Any Custodian may resign and be discharged from its duties hereunder by notice of such resignation delivered to the Depositary at least 30 days prior to the date on which such resignation is to become effective. If upon such resignation there shall be no Custodian acting hereunder, the Depositary shall, promptly after receiving such notice, appoint a substitute custodian or custodians, each of which shall thereafter be a Custodian hereunder. The Depositary in its discretion may appoint a substitute or additional custodian or custodians, each of which shall thereafter be one of the Custodians hereunder. Upon demand of the Depositary any Custodian shall deliver such of the Deposited Securities held by it as are requested of it to any other Custodian or such substitute or additional custodian or custodians. Each such substitute or additional custodian shall deliver to the Depositary, forthwith upon its appointment, an acceptance of such appointment satisfactory in form and substance to the Depositary. Upon the appointment of any successor depositary hereunder, each Custodian then acting hereunder shall forthwith become, without any further act or writing, the agent hereunder of such successor depositary and the appointment of such successor depositary shall in no way impair the authority of each Custodian hereunder; but the successor depositary so appointed shall, nevertheless, on the written request of any Custodian, execute and deliver to such Custodian all such instruments as may be proper to give to such Custodian full and complete power and authority as agent hereunder of such successor depositary.
The Card (a) The Card shall be used by the Cardholder and any additional Card shall be used by the Authorized Cardholder exclusively and always within the limits of the balance available in the Card Account and/or the credit limit approved by the Bank and notified to the Cardholder and/or the holder of the Card Account from time to time in a manner the Bank deems appropriate, subject to the provisions of paragraph 15. It is understood that the initial limit will be notified to the Cardholder upon delivery of the Card. In case the Cardholder wishes to have a lower limit or a higher limit he should notify the Bank accordingly.
(b) The Cardholder and, where applicable, the Authorized Cardholder is not entitled to use the Card or the additional Card, respectively, in excess of the limit which is mentioned above. If, however, for any reason the Cardholder and/or the Authorized Cardholder exceeds such limits, the Cardholder and/or the holder of the Card Account and/or the Authorized Cardholder undertakes to settle the unauthorized overdraft plus interest and/or any other charges, immediately upon the Bank's request, subject to the provisions of any applicable law and in accordance with the operating terms of the abovementioned Card Account and the Cards Terms and Conditions.
(c) The Card is the property of the Bank. The Cardholder must return his Card and any additional Card to the Bank on demand. The Bank may from time to time issue new Cards of a type different to the one the Cardholder applied for, in parallel and/or to replace the existing ones. The signature of the application form and of this Agreement for the issuance of a Card shall be deemed as an application of the Cardholder for the issuance of any new Cards to the Cardholder and the Authorized Cardholder, where applicable, as explained above. If the type of Card changes, the number of the Card and, where applicable, the number of the Card Account may also change. If the Cardholder and/or the holder of the Card Account does not agree with such change, the Agreement may be terminated according to paragraph 11 below, without any charge.
(d) The Cardholder and/or the Authorized Cardholder should use the Card and/or the additional Card, respectively, only during the validity period shown on it.
(e) Unless otherwise provided in these Cards Terms and Conditions, the Cardholder and/or the holder of the Card Account are liable to the Bank for all Transactions that incur from the use of the Card and irrevocably authorize the Bank to settle all Transactions by debiting the Card Account. Where applicable, and in accordance to any applicable law, the Authorized Cardholder may also be liable for his acts and omissions.
(f) In the context of offering a better quality of service to the Bank’s customers, the Contactless Payments service is provided, in order to render Transactions faster and easier. During the use of this service, the Card does not come into direct contact with the terminal. For Transactions below a certain amount, which remains in restricted levels for security purposes, there is no need to enter a PIN or signature.
(g) The Card must not be used to obtain goods, tickets or services for resale in the course of a business or return for cash.
(h) When using the Card, the Cardholder and the Authorized Cardholder must comply with all applicable laws.
(i) The Card must not be used for illegal purposes.
The Custodian The Depositary has initially appointed Citibank, N.A. – Hong Kong as Custodian for the purpose of the Deposit Agreement. The Custodian or its successors in acting hereunder shall be authorized to act as custodian in the Cayman Islands and shall be subject at all times and in all respects to the direction of the Depositary for the Deposited Property for which the Custodian acts as custodian and shall be responsible solely to it. If any Custodian resigns or is discharged from its duties hereunder with respect to any Deposited Property and no other Custodian has previously been appointed hereunder, the Depositary shall promptly appoint a substitute custodian. The Depositary shall require such resigning or discharged Custodian to Deliver, or cause the Delivery of, the Deposited Property held by it, together with all such records maintained by it as Custodian with respect to such Deposited Property as the Depositary may request, to the Custodian designated by the Depositary. Whenever the Depositary determines, in its discretion, that it is appropriate to do so, it may appoint an additional custodian with respect to any Deposited Property, or discharge the Custodian with respect to any Deposited Property and appoint a substitute custodian, which shall thereafter be Custodian hereunder with respect to the Deposited Property. Immediately upon any such change, the Depositary shall give notice thereof in writing to all Holders of ADSs, each other Custodian and the Company. Citibank may at any time act as Custodian of the Deposited Property pursuant to the Deposit Agreement, in which case any reference to Custodian shall mean Citibank solely in its capacity as Custodian pursuant to the Deposit Agreement. Notwithstanding anything contained in the Deposit Agreement or any ADR to the contrary, the Depositary shall not be obligated to give notice to the Company, any Holders of ADSs or any other Custodian of its acting as Custodian pursuant to the Deposit Agreement. Upon the appointment of any successor depositary, any Custodian then acting hereunder shall, unless otherwise instructed by the Depositary, continue to be the Custodian of the Deposited Property without any further act or writing, and shall be subject to the direction of the successor depositary. The successor depositary so appointed shall, nevertheless, on the written request of any Custodian, execute and deliver to such Custodian all such instruments as may be proper to give to such Custodian full and complete power and authority to act on the direction of such successor depositary.
LITERATURE, ADVERTISEMENTS, AND SOCIAL MEDIA 29 A. Any written information or literature, including educational or promotional materials, 30 distributed by CONTRACTOR to any person or organization for purposes directly or indirectly related 31 to this Agreement must be approved at least thirty (30) days in advance and in writing by 32 ADMINISTRATOR before distribution. For the purposes of this Agreement, distribution of written 33 materials shall include, but not be limited to, pamphlets, brochures, flyers, newspaper or magazine ads, 34 and electronic media such as the Internet.
35 B. Any advertisement through radio, television broadcast, or the Internet, for educational or 36 promotional purposes, made by CONTRACTOR for purposes directly or indirectly related to this 37 Agreement must be approved in advance at least thirty (30) days and in writing by ADMINISTRATOR.
1 C. If CONTRACTOR uses social media (such as Facebook, Twitter, YouTube or other publicly 2 available social media sites) in support of the services described within this Agreement, 3 CONTRACTOR shall develop social media policies and procedures and have them available to 4 ADMINISTRATOR upon reasonable notice. CONTRACTOR shall inform ADMINISTRATOR of all 5 forms of social media used to either directly or indirectly support the services described within this 6 Agreement. CONTRACTOR shall comply with COUNTY Social Media Use Policy and Procedures as 7 they pertain to any social media developed in support of the services described within this Agreement. 8 CONTRACTOR shall also include any required funding statement information on social media when 9 required by ADMINISTRATOR.
10 D. Any information as described in Subparagraphs A. and B. above shall not imply endorsement 11 by COUNTY, unless ADMINISTRATOR consents thereto in writing. 12
The P C. agrees to conduct the Practice in compliance with all applicable laws, rules and ordinances, including with respect to the licensing and certification of its providers.
The FTPS Unit Servicing Agent shall distribute to redeeming FTPS Unit holders of record on its books redemption proceeds it receives pursuant to Section 5.02 of the Standard Terms and Conditions of Trust from the Trustee as the sole record owner of FTPS Units on the Trustee's books.
The Advisor Subject to the provisions of Section 3 of this Agreement, the Advisor and each officer, director, shareholder and employee of the Advisor and each person who controls the Advisor, shall be indemnified, defended and held harmless by the Company and the Administrator, jointly and severally, from and against any and all claims, losses, judgments, liabilities, damages, costs, expenses (including, without limitation, reasonable investigatory and attorneys’ fees and reasonable expenses) and amounts paid in settlement of any claims in compliance with the conditions specified below (collectively, “Losses”) sustained by the Advisor (i) in connection with any acts or omissions of the Advisor or any of its officers, directors or employees relating to its management of the Allocated Assets, including in connection with this Agreement or otherwise as a result of the Advisor’s performance of services on behalf of the Company or its role as trading advisor in respect of the Allocated Assets and/or (ii) as a result of a material breach of this Agreement by the Company; provided, however, that (i) such Losses were not the result of the gross negligence, willful misconduct or material breach of this Agreement on the part of the Advisor, its officers, directors, shareholders and employees and each person controlling the Advisor, (ii) the Advisor and its officers, directors, shareholders and employees and each person controlling the Advisor, acted in good faith and in a manner reasonably believed by it and them to be in or not opposed to the best interests of the Company and (iii) any such indemnification will only be recoverable from the Allocated Assets and the assets of the Administrator; and provided further that no indemnification shall be permitted under this Section 2 for amounts paid in settlement if either (A) the Advisor fails to notify the Company of the terms of any settlement proposed, at least fifteen (15) days before any amounts are paid or (B) the Company does not approve the amount of the settlement within fifteen (15) days of any such notice (such approval not to be withheld unreasonably). Notwithstanding the foregoing, the Company shall at all times have the right to offer to settle any matter with the approval of the Advisor (which approval shall not be withheld unreasonably), and if the Company successfully negotiates a settlement and tenders payment therefor to the party claiming indemnification (the “Indemnitee”), the Indemnitee must either use its best efforts to dispose of the matter in accordance with the terms and conditions of the proposed settlement or the Indemnitee may refuse to settle the matter and continue its defense in which latter event the maximum liability of the Company and the Administrator to the Indemnitee shall be the amount of said proposed settlement.
