Third-Party Funds Sample Clauses

Third-Party Funds. Each of (a) Strategies and the Strategies Subsidiaries, (b) Services and the Services Subsidiaries and (c) the Sellers and their affiliates with respect to the Business, has in all material respects accurately accounted for all monies entrusted to it by third parties and all monies over which it has or has had signature authority or other control for the benefit of others in the operation of the Business and its third-party health claims administration (collectively, "Entrusted Funds"); all Entrusted Funds have been applied to the reimbursement or direct payment of covered benefits of employees or eligible members of client employers or to services fees in accordance in all material respects with the instruments governing such benefit plans or the written instructions of the plan administrator or employer; all material reports and other filings with respect to the payment of Entrusted Funds have been made by each of the Companies and the Subsidiaries and the Sellers and their affiliates if required to be so filed and each of the Companies and the Subsidiaries and the Sellers and their affiliates is in material compliance with all federal and state laws and regulations pertaining to the holding and administration of Entrusted Funds. Each of the Companies' and the Subsidiaries' and the Sellers' and their affiliates' trust or other accounts in which Entrusted Funds are held and administered are fully reconcilable in all material respects.
Sample 1
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Third-Party Funds. 14 2.2.6.4. Utilities...........................................................14 2.2.6.5. Costs...............................................................14 2.2.6.6. Exemptions..........................................................14 2.2.7. Additional Consideration............................................15
Sample 1
Third-Party Funds. Unless by Closing the Real Property has been disposed of as permitted by Section 4.11, below, if Seller at Closing is in possession of funds received from a third party and intended to cover the cost of work to be performed or materials to be acquired pertaining to the Real Property pursuant to a contract or agreement to be assigned at Closing, Seller shall pay to Buyer any portion of said funds as are attributable to work that has not been completed or materials that have not been acquired on the date of Closing.
Sample 1
Third-Party Funds. All third-party funds coming into Agent’s possession as payment for premiums or considerations for policies issues on behalf of WCI are funds received by Agent in a fiduciary capacity and shall be immediately remitted to WCI. If any such funds are not remitted to WCI, WCI shall (i) have a first lien on all compensation due or which may become due Agent to the extent of such funds, and (ii) be entitled to pursue any and all other remedies contemplated by this Agreement. To the fullest extent permitted by law, WCI is authorized to offset the entire amount of such funds due, either before or after the cancellation of this Agreement, from any compensation due to Agent.
Sample 1
Third-Party Funds. We have a foundation established to handle third-party funds, which is responsible for receiving and managing money, as well as making payments in relation to our assignments. Potential liability of this foundation is at our risk.
Sample 1
Third-Party Funds. Seller is obligated to pay to Buyer an amount equal to the aggregate of the following held by Seller as of the Accounting Date (the "THIRD PARTY FUNDS"): (a) $320,700.60, representing (i) funds collected from Clients' account debtors not representing payments in respect of Receivables purchased by Seller and (ii) balances owed to Clients in respect of the purchase price of Receivables that have been duly paid and collected; and (b) $649,931.36, representing (i) funds collected from Participants and not yet invested by Seller in the purchase of Receivables and (ii) funds received in payment of Receivables in which Participants have an interest that are allocable to, but have not yet been remitted to, such Participants.
Sample 1

Related to Third-Party Funds

  • Third Party Providers Except for those terms and conditions that specifically apply to Third Party Providers, under no circumstances shall any other person be considered a third party beneficiary of this Agreement or otherwise entitled to any rights or remedies under this Agreement. Except as may be provided in Third Party Agreements, Company shall have no rights or remedies against Third Party Providers, Third Party Providers shall have no liability of any nature to the Company, and the aggregate cumulative liability of all Third Party Providers to the Company shall be $1.

  • Third Party Data Any statistical, industry-related and market-related data, which are included in the Disclosure Package and the Prospectus, is based on or derived from sources that the Company reasonably and in good faith believes to be reliable and accurate, and such data agrees with the sources from which it is derived, and the Company has obtained the written consent for the use of such data from such sources to the extent required.

  • Third Party Vendors Nothing herein shall impose any duty upon DST in connection with or make DST liable for the actions or omissions to act of the following types of unaffiliated third parties: (a) courier and mail services including but not limited to Airborne Services, Federal Express, UPS and the U.S. Mails, (b) telecommunications companies including but not limited to AT&T, Sprint, MCI and other delivery, telecommunications and other such companies not under the party’s reasonable control, and (c) third parties not under the party’s reasonable control or subcontract relationship providing services to the financial industry generally, such as, by way of example and not limitation, the National Securities Clearing Corporation (processing and settlement services), Fund custodian banks (custody and fund accounting services) and administrators (blue sky and Fund administration services), and national database providers such as Choice Point, Acxiom, TransUnion or Lexis/Nexis and any replacements thereof or similar entities, provided, if DST selected such company, DST shall have exercised due care in selecting the same. Such third party vendors shall not be deemed, and are not, subcontractors for purposes of this Agreement.

  • Third Party Programs This Licensed Software may contain third party software programs (“Third Party Programs”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations You may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such Third Party Programs.

  • Third Party Users If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use the Connecting Transmission Owner’s Attachment Facilities, or any part thereof, Developer will be entitled to compensation for the capital expenses it incurred in connection with the Attachment Facilities based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Attachment Facilities, will be allocated between Developer and any third party users based upon the pro rata use of the Attachment Facilities by Connecting Transmission Owner, all third party users, and Developer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to FERC for resolution.

  • Third Party Fees In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.

  • Third Party Content In order to avoid potential infringement of IPR, Influencers should not endorse, copy, or adopt third party content.

  • Third Party Financing If Product acquisitions are financed through any third party financing, Contractor may be required as a condition of Contract Award to agree to the terms and conditions of a “Consent & Acknowledgment Agreement” in a form acceptable to the Commissioner.

  • RECOVERY FROM THIRD PARTIES 11.1 If 11.1.1 the Seller makes a payment in respect of a Warranty Claim by the Purchaser (the “Damages Payment”); 11.1.2 any member of the Purchaser’s Group recovers from a third party (including pursuant to any insurance policy) any sum in cash or in kind which compensates it in respect of the Loss which is the subject matter to that Warranty Claim (the “Third Party Sum”); 11.1.3 the receipt of that Third Party Sum was not taken into account in calculating the Damages Payment; and 11.1.4 the aggregate of the Third Party Sum and the Damages Payment exceeds the amount required to compensate the Purchaser in full for the Loss or Liability which gave rise to the Warranty Claim in question, such excess being the “Excess Recovery”, then the Purchaser shall, promptly on receipt of the Third Party Sum by any member of the Purchaser’s Group, repay to the Seller an amount equal to the lower of (i) the Excess Recovery and (ii) the Damages Payment, after deducting (in either case) all additional Tax and any costs incurred by the Purchaser or the relevant member of the Purchaser’s Group in recovering that Third Party Sum. 11.2 If, before the Seller pays any amount in respect of any Warranty Claim under this Agreement, any EDS Entity is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates any relevant member of the Purchaser’s Group (in whole or in part) in respect of the Loss or Liability which is the subject matter of the Warranty Claim, the Purchaser shall procure that, before steps are taken against the Seller, the Purchaser will make reasonable efforts to enforce recovery against the third party and any actual recovery shall reduce or satisfy, as applicable, such Warranty Claim to the extent of such recovery, provided that the Seller first indemnifies the Purchaser’s Group and the EDS Entities against any Tax that may be suffered on receipt of any sum recovered thereunder, together with any costs or expenses incurred in recovering such sum.

  • Third Party Agreements To use our Services you may need to enter into agreements with other service providers which we call “Third Party Service Providers”. For example, if you use our Services via our mobile app, you may need to enter into an agreement with your mobile device manufacturer and network operator. You agree to comply with the terms of the agreements you enter into with Third Party Service Providers and which are related to your use of our Services.

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