Third Party Agents. In the event that Customer grants trading authority or control over Customer’s Account to a third party (the “Trading Agent”), whether on a discretionary or non-discretionary basis, XXXXX.xxx shall in no way be responsible for reviewing Customer’s choice of such Trading Agent or for making any recommendations with respect thereto. XXXXX.xxx makes no representations or warranties concerning any Trading Agent; XXXXX.xxx shall not be responsible for any loss to Customer occasioned by the actions of the Trading Agent; and XXXXX.xxx does not, by implication or otherwise, endorse or approve of the operating methods of the Trading Agent. If Customer gives the Trading Agent authority to exercise any of its rights over its Account, Customer does so at Customer’s risk. Even though the undersigned grants authority to Trading Agent, client should be diligent and closely scrutinize all account activity. XXXXX.xxx provides online Account access to view the status of their Account(s), whereby Client may view their Account Value and Account Activity.
Third Party Agents. Under the License granted to You in Section 2.1 (General License Grant) above, You may permit Your Third Party Agents to access, use and/or operate the Software on Your behalf for the sole purpose of delivering services to You, provided that You will be fully responsible for Your Third Party Agents’ compliance with terms and conditions of this XXXX and any breach of this XXXX by a Third Party Agent shall be deemed to be a breach by You.
Third Party Agents. Licensee will be fully responsible for the compliance with the terms and conditions of this License Agreement by third parties who are delivering services to Licensee pursuant to a written contract with Licensee, and any breach of this License Agreement by a third-party agent will be deemed to be a breach by Licensee.
Third Party Agents. The Manager may not delegate (by subcontracting or otherwise) administrative duties to any third-party agent without express written consent of the Company. As of the Effective Date, the Company consents to the Manager’s delegation of certain administrative duties and back-office operations to as further described in Exhibit G. The Company may give or withhold its consent to delegation of administrative duties to other third-party agents for any reason, and the Company’s consent shall be subject to conditions specified by the Company, including, at a minimum, the following:
4.3.1 The Manager shall maintain contractual arrangements with the third-party agent that include information security, confidentiality, nondisclosure, and conflict of interest obligations consistent with this Agreement. The Manager’s contractual arrangement with any third-party agent, as the arrangement relates to the delegated duties, is to be subject to termination in substantially the same manner as this Agreement.
4.3.2 The Manager shall use a competitive process to select third-party agents whenever the Manager anticipates the value of the services performed by the third-party agent will exceed $100,000 or when the term of any contract for the services will exceed one year (not including extension or renewal). If the Manager believes that the best interests of the Company are served by engaging a third-party agent selected without competition, e.g., to respond to exigent circumstances, the Manager shall notify the FRBNY of the reasons for its determination and provide the FRBNY documentation setting forth the Manager’s justification for proceeding without competition. The documentation must indicate whether or not the third-party agent is an incumbent service provider to the Manager and, if so, whether or not the incumbent service provider was selected through a competitive process. The documentation must also address why competition was not practical, the advantage to the Company of proceeding without competition, the factors considered by the Manager in determining that the price and other terms of service are reasonable, and the Manager’s plan to conduct a competitive selection process if the need for the service is to continue beyond any period of time that factors in any justification based on exigency.
4.3.3 In selecting a third-party agent, whether through a competitive process or otherwise, the Manager must consider, in addition to cost, (a) the third-party agent’s reputat...
Third Party Agents. To the extent that a Party utilizes Third Party Agents to perform Project Plan activities, such Party shall ensure that such Third Party contractors are obligated to assign rights to any Project Inventions that are made by such Third Party Agents so that such rights can be conveyed in accordance with the terms and conditions of Sections 8.5 and 8.7.
Third Party Agents. For third party agents that have potential to bring in more than 500 user seats, Contata and Representative may agree to designate such agents as Volume Agents, and share up to 20% of Net Revenue from such seats. Volume Agent fees will be deducted from the Net Revenues before splitting between Representative and Contata. Fees to any third parties not mutually designated by Contata and Representative as Volume Agents, will be borne by Representative out of its 50% split.
Third Party Agents. With respect to any Third Party Agent to be used in combination with any Collaboration Product, the Parties will discuss in good faith and agree upon the allocation of responsibilities for Commercialization activities for such Third Party Agent in combination with a Collaboration Product in the Territory, if and to the extent either Party has any rights in or to such Third Party Agent.
Third Party Agents. In the event that Customer grants trading authority or control over Customer’s Account to a third party (the “Trading Agent”), whether on a discretionary or non-discretionary basis, XXXXX.xxx Canada shall in no way be responsible for reviewing Customer’s choice of such Trading Agent or for making any recommendations with respect thereto. XXXXX.xxx Canada makes no representations or warranties concerning any Trading Agent; XXXXX.xxx Canada shall not be responsible for any loss to Customer occasioned by the actions of the Trading Agent; and XXXXX.xxx Canada does not, by implication or otherwise, endorse or approve of the operating methods of the Trading Agent. If Customer gives the Trading Agent authority to exercise any of its rights over its Account, Customer does so at Customer’s risk. Even though the undersigned grants authority to Trading Agent, Customer should be diligent and closely scrutinize all account activity. XXXXX.xxx Canada provides online Account access at through your MyAccount login through the website and trading platform, whereby Customer may view their Account Value and Account Activity.
Third Party Agents. Merchant shall not assign, subcontract, license, franchise, or in any manner attempt to extend to any third party any right or obligation under this Agreement. PRI may assign this Agreement at any time without notice. You may designate a third party, which does not have a direct agreement with PRI, as your agent for the purpose of delivering data-captured Bank Card Transactions at the point-of-sale by such agent. If you elect to use a third party as your agent for direct delivery of data-captured Bank Card Transactions to the Interchange System for clearing and settlement, you shall:
Third Party Agents. Company assumes full responsibility and liability for all acts or omissions by a third party, including, without limitation, acts or omissions that fail to comply with this Agreement or any applicable laws or regulations or any malfunction of any mobile device provided by a third party.
