Third Party Dealings. Except as otherwise agreed or required by law, no party dealing with the Trustees shall be obliged to see that any money or property belonging to the Trust is applied to the Trust purposes or that the terms of this Trust Agreement have been complied with, or to inquire into the necessity or expediency of any act of the Trustees. Every instrument executed by the Trustees shall be conclusive evidence in favor of every person relying thereon that at the time of the delivery of said instrument the Trust was in full force and effect, the instrument was executed in accordance with the terms and conditions of this Trust Agreement, and the Trustees were duly authorized and empowered to execute the instrument.
Third Party Dealings. 7.1 Save as otherwise provided for in Clause 2.4 of these Development General Terms, as to the use of the Foreign Version outside the UK and Eire, the Company confirms that it has not and undertakes it shall not at any time (without the prior written consent of the BBC) enter any agreement with third parties or assign license mortgage charge encumber exploit or otherwise deal with any physical material or rights whatsoever in connection with the Development Work in any manner which may affect the BBC’s rights in the Development Work until the Company has repaid or has agreed terms of repayment of the BBC Funding to the BBC in accordance with Clause 6 of these Development General Terms.
7.2 Notwithstanding the above, it is understood and agreed that the Company may actively seek funding for production of the Programme and is fully entitled and authorised to distribute to potential funders or co-production partners proposals and treatments for the Programme and any other audio-visual material and is entitled also to negotiate proposed terms for co-production or other participation in the funding of the Programme provided that such proposed terms would not derogate from the rights in the Programme and entitlements that would be granted to the BBC under the Programme General Terms.
Third Party Dealings. 14.1. Any dealings with third parties (including advertisers) carried out through Atelier Hosting Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. Atelier Hosting shall not be responsible or liable for any part of such dealings or promotions.
Third Party Dealings. The Client agrees to use the Services for its sole benefit and must not redistribute the Services to a third party (including the Client’s customers) unless:
(a) a Schedule expressly grants such a right; or
(b) Hoplon provides its prior written consent (which may but not must be granted on any terms which Hoplon considers appropriate, in its sole discretion).
Third Party Dealings. The Sites may contain links to other websites, content, or resources. These linked sites are not under the control of Cafe Utopia, Inc. and therefore Cafe Utopia, Inc. is not responsible or liable for any content, advertising, products, services, or other matters on or available from such sites or resources from such advertisers or third parties; you agree that you shall not seek to recover any damages, whether at law or in equity, from Cafe Utopia, Inc. arising out of, or related to, any such third parties or other companies. Your communications or business dealings with, or participation in promotions of, advertisers or other third parties found on or through Cafe Utopia, Inc. are between you and such advertisers or third parties. You agree that Cafe Utopia, Inc. shall also not be responsible or liable for any loss or damage of any kind related to such dealings with advertisers or third parties.
Third Party Dealings. Our receipts and discharges
31.1. We may give valid discharges and receipts for any moneys payable by any third party in respect of any exercise of a right by us, any Receiver or any Attorney.
31.2. Your obligation to pay the Secured Money is a primary obligation and we are not obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment by you of the Secured Money.
(a) Your obligations and our rights under this Agreement will not be affected by anything which but for these subclauses might abrogate, prejudice or limit them or the effectiveness of this Agreement including:
(i) any variation of a right of us or any variation termination or replacement of any agreement giving rise to the Secured Money;
(ii) any transaction or agreement between us and any person;
(iii) any increase in the liability of any person to us or any increase or other variation in the amount (if any) of any financial accommodation granted or agreed to be granted by us to any person;
(iv) any variation in the time or method of payment of any amount payable by any person to us;
(v) the granting of any forbearance, time, waiver or other concession or indulgence to any person;
(vi) an arrangement, composition or compromise with, or absolute or partial discharge or release of any person or us becoming bound by any such arrangement, composition, compromise or release;
(vii) any transaction or agreement between any person and us (including any Transaction Document) or any obligation owed by any person to us being void, voidable or otherwise unenforceable by us or us being otherwise estopped from requiring any person to comply with that person’s obligations;
(viii) the failure by any person to execute and deliver any Transaction Document or proposed Transaction Document;
(ix) any failure by us or any person to take or perfect any Security Interest or other document or agreement or to enforce or properly exercise any rights in relation to any of them;
(x) the rescission, repudiation or other termination of any agreement between us and any person relating to the Secured Money or the acceptance of any rescission, repudiation or termination by us;
(xi) the Liquidation, change in legal capacity or incapacity of any person; or
(xii) any failure by us to give any other person notice of any Event of Default or make any demand.
31.3. You:
(a) waive any right to be subrogated to or otherwise have the bene...
Third Party Dealings. Any person dealing with the Secured Party, a Receiver or an Attorney in relation to the exercise by any of them of a Power need not be concerned to enquire:
(a) whether the Power is exercisable or properly exercised;
(b) whether the Receiver or Attorney is properly appointed;
(c) whether any money paid by it to the Secured Party, a Receiver or an Attorney is properly applied; or
(d) as to any other matter or thing, and the title of that person to any property acquired by it from the Secured Party, Receiver or Attorney will not be adversely affected by the Power not being exercisable or any improper appointment, exercise of the Power or application of money by the Secured Party, a Receiver or an Attorney of which it does not have actual notice.
Third Party Dealings. (a) Customer agrees to use the Products for its sole benefit and must not redistribute the Products to a third party unless otherwise expressly included in an Order Form.
(b) Customer must ensure that User account credentials are not disclosed to any third party or otherwise misused.
Third Party Dealings. 11.1 Creditor's receipts and discharges The creditor may give valid discharges and receipts for any moneys payable by any third party in respect of any exercise of a right by the creditor, any receiver or any attorney.
Third Party Dealings. In respect of dealings by any person in good faith with an Attorney or sub-attorney:
(a) (EVIDENCE THAT POWER NOT REVOKED): that person may accept a written statement signed by any Attorney or sub-attorney (as the case may be) to the effect that the power of attorney granted under this Deed has not been revoked as conclusive evidence of that fact; and
(b) (NO DUTY TO ENQUIRE): if the Attorney or sub-attorney (as the case may be) executes any right granted to it by this Deed, that person is not bound to enquire as to whether the right is properly exercised or whether any circumstance has arisen to authorise the exercise of that right.
