Trusts. 25.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC may have notice of the Trust, the Client covenants with CNC as follows: (a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund; (b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Client will not without consent in writing of CNC (CNC will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.
Appears in 4 contracts
Samples: Transportation Agreement, Transportation Agreement, Transportation Agreement
Trusts. 25.1 28.1 If the Client Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC MSS may have notice of the Trust, the Client Customer covenants with CNC MSS as follows:
(a) the Contract extends to all rights of indemnity which the Client Customer now or subsequently may have against the Trust and the trust fund;
(b) the Client Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client Customer against the Trust or the trust fund. The Client Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client Customer will not without consent in writing of CNC MSS (CNC MSS will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 2 contracts
Trusts. 25.1 27.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC FP may have notice of the Trust, the Client covenants with CNC FP as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of CNC FP (CNC FP will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 2 contracts
Samples: Contract, Service Agreement
Trusts. 25.1 19.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC PP may have notice of the Trust, the Client covenants with CNC PP as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of CNC PP (CNC PP will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Contract
Trusts. 25.1 26.1 If the Client Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC TRT may have notice of the Trust, the Client Customer covenants with CNC TRT as follows:
(a) the Contract extends to all rights of indemnity which the Client Customer now or subsequently may have against the Trust and the trust fund;
(b) the Client Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client Customer against the Trust or the trust fund. The Client Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client Customer will not without consent in writing of CNC TRT (CNC TRT will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Construction Contract
Trusts. 25.1 27.1 If the Client at any time upon or subsequent to entering in to into the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC AFE may have notice of the Trust, the Client covenants with CNC AFE as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;; and
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(ci) the Client will not without consent in writing of CNC AFE (CNC AFE will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) : the removal, replacement or retirement of the Client as trustee of the Trust;; or
(ii) any alteration to or variation of the terms of the Trust;; or
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Contract
Trusts. 25.1 11.1 If the Client at any time upon or subsequent to entering in to the Contract Agreement is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC SBA may have notice of the Trust, the Client covenants with CNC SBA as follows:
(a) the Contract Agreement extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;.
(b) the Client has full and complete power and authority under the Trust to enter into the Contract Agreement and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;.
(c) the Client will not without consent in writing of CNC SBA (CNC SBA will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;.
(ii) any alteration to or variation of the terms of the Trust;.
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Terms of Engagement
Trusts. 25.1 19.1 If the Client Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC MAS may have notice of the Trust, the Client Customer covenants with CNC MAS as follows:
(a) the Contract extends to all rights of indemnity which the Client Customer now or subsequently may have against the Trust and the trust fund;
(b) the Client Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client Customer against the Trust or the trust fund. The Client Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client Customer will not without consent in writing of CNC MAS (CNC MAS will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Contract
Trusts. 25.1 24.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC XXX may have notice of the Trust, the Client covenants with CNC XXX as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of CNC XXX (CNC XXX will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Contract
Trusts. 25.1 11.1 If the Client at any time upon or subsequent to entering in to the Contract Agreement is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC SBA may have notice of the Trust, the Client covenants with CNC SBA as follows:
(a) the Contract Agreement extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;.
(b) the Client has full and complete power and authority under the Trust to enter into the Contract Agreement and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;.
(c) the Client will not without consent in writing of CNC SBA (CNC SBA will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;.
(ii) any alteration to or variation of the terms of the Trust;.
(iii) any advancement or distribution of capital of the Trust; or
(or iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Terms of Engagement
Trusts. 25.1 13.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC RHCS may have notice of the Trust, the Client covenants with CNC RHCS as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;.
(c) the Client will not without consent in writing of CNC (CNC RHCS will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:;
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Service Agreement
Trusts. 25.1 26.1 If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not CNC Moses may have notice of the Trust, the Client covenants with CNC Moses as follows:
(a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
(b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
(c) the Client will not without consent in writing of CNC Moses (CNC Moses will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Client as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
Appears in 1 contract
Samples: Contract