Xxxxxx Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
XXXXXXS xxx xxxxxxx xxxxxo desire to modify the Pooling and Servicing Agreement as set forth in this Amendment;
XXXXXXX Xxxxxx X. Xxxxxxx
Xxxxx Name: Xxxxxxx X. Xxxxx Title: Assistant Treasurer
Xxxxxxx, P E. will perform as the Consultant’s principal for this Project. As principal on this Project, this person shall be the primary contact with the Utilities Director, Utilities Engineer, or another person so designated, and shall have authority to bind the Consultant. So long as the individual named above remains actively employed or retained by the Consultant, he/she shall perform the function of principal on this Project.
Xxxxxx, P A., special counsel for IMC, in IMC's capacity as both Seller and Servicer under the Sale and Servicing Agreement, and/or Xxxxx & Xxxxxx LLP shall have furnished to the Underwriters their written opinion or opinions, addressed to the Underwriters and the Depositor and dated the Closing Date, in form and substance satisfactory to the Underwriters, to the effect that:
XXXXXAS xx xxcordance xxxx Xxxx 00x-1(k) xxder the Securities Exchange Act of 1934 (the "Act"), only one statement containing the information required by Schedule 13G and any amendments thereto need be filed whenever two or more persons are required to file such a statement or any amendments thereto with respect to the same securities, provided that said persons agree in writing that such statement or any amendment thereto is filed on behalf of them.
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.
Xxxxxxxx District reserves the right to terminate or otherwise suspend this Contract if District's Board determines that funding is insufficient to remain fully open and calls for a District-wide furlough or similar temporary District reduction in operations. Any temporary closure shall not affect amounts due Contractor under this Contract, subject to a pro-rated adjustment for reduction in services or need for goods during the furlough.
WXXXXXX Xx xxxxxx xx x Xxxx (xx xxxxxxx, varied, supplemented or novated from time to time the "Current Issuer Deed of Charge") dated 22 September 2004 between Granite Mortgages 04-3 plc, The Bank of New York as Note Trustee and others, provision was made for the execution by the Principal of this Power of Attorney.
