Your Acknowledgement. You acknowledge that we may close out your positions and in what proportion that we decide in our absolute discretion and including where your account to us is in deficit. You also acknowledge and agree that we will not have any liability to you as a result of any such closing of your Positions.
Your Acknowledgement. You acknowledge and agree that –
12.1 The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and
12.2 To the extent permitted by law, Swazi Mobile shall not be liable for non-availability of the Services.
Your Acknowledgement. By signing below as the “Participant,” you acknowledge and agree that: ● A copy of the Plan has been made available to you; ● You have read the Plan carefully; and ● You understand and accept the terms and conditions placed on your Restricted Stock. Print Name: Print Name: Title: Date: Date: Primary Beneficiary Designation. I designate the following person(s) as my primary beneficiary or beneficiaries, in the proportion specified, to receive or to exercise any vested Awards under the SB Financial Group, Inc. 20__ Stock Incentive Plan (the “Plan”) that are unpaid or unexercised at my death: % to (Name) (Relationship) Address: % to (Name) (Relationship) Address: % to (Name) (Relationship) Address: % to (Name) (Relationship) Address:
Your Acknowledgement. YOU HAVE READ AND UNDERSTAND THE AGREEMENT, ARE FULLY AWARE OF ITS LEGAL EFFECT, AND HAVE ENTERED INTO IT FREELY BASED ON YOUR OWN JUDGMENT AND NOT BASED ON ANY REPRESENTATIONS OR PROMISES OTHER THAN THOSE CONTAINED IN THIS AGREEMENT. Please sign and date this letter on the spaces provided below to acknowledge your acceptance of the terms of this Agreement. ZAGG INTERNATIONAL DISTRIBUTION LIMITED By: /S/ XXXXX XXXXX Xxxxx Xxxxx CEO of ZAGG Inc and ZAGG International Distribution Limited Accepted and agreed this 13th day of August, 2018: /S/XXX XXXXXX Xxx Xxxxxx Exhibit “A” 2018 Compensation Addendum Xxx Xxxxxx (COO) 2018 Base Salary $ 400,000 Target Performance Cash Potential (STI) $ 160,000 Target Performance Equity Potential (LTI) $ 225,000 Total Opportunity $ 785,000 Exhibit “B” Confidentiality, Non‐Competition and Inventions Agreement THIS NONDISCLOSURE, NONCOMPETITION AND INVENTIONS AGREEMENT (this “Agreement”) is made and entered into as of this 13th day of August, 2018 (the “Effective Date”), by and between Xxx Xxxxxx (“Employee”) and ZAGG International Distribution Limited and its Affiliates (collectively the “Company”). This Agreement governs only those aspects of the employment relationship between Company and Employee that are specifically addressed herein.
Your Acknowledgement a. You acknowledge that you have read and understood this “Service Agreement” in its entirety and that this Agreement constitutes the complete agreement between yourself and Us.
b. You also acknowledge that We have the right to change this Service Agreement from time to time and that it is your responsibility to visit this Agreement in-app or on our website to refresh yourself and continue to agree to use of Our Services.
c. You may elect at any time to terminate use of Our Services for any reason provided you have no unpaid debt to Us.
d. You also acknowledge that notices to you will be in electronic form in-app, via the website(s), by Notifications, SMS or email and you accept these electronic forms of communication with you as formal notification.
Your Acknowledgement. You acknowledge and agree that:
(a) the restrictive covenants contained in this Agreement constitute material inducement to Company entering into this Agreement and agreeing to the terms and conditions stated herein;
(b) the restrictive covenants contained in this Agreement are reasonable in time, territory, and scope, and in all other respects;
(c) should any part or provision of any covenant be held invalid, void, or unenforceable in any court of competent jurisdiction, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement; and
(d) if any portion of the foregoing provisions is found to be invalid or unenforceable by a court of competent jurisdiction because its duration, territory, definition of activities, or definition of information covered is considered to be invalid or unreasonable in scope, the invalid or unreasonable terms shall be redefined to carry out Company’s and your intent in agreeing to these restrictive covenants. These restrictive covenants shall be construed as agreements independent of any other provision in this Agreement and the existence of any claim or cause of action of you against Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Company of these restrictive covenants.
Your Acknowledgement. (a) You acknowledge and agree that as with all computers, and internet driven software applications:
(i) there may be times that Our chosen server is not operational, or has been shut down for maintenance;
(ii) there may be software errors or other interruptions in use affecting Our chosen server or the Application;
(iii) despite taking all reasonable security measures, Our chosen server is vulnerable to hackers, viruses, and unauthorised access and We can not guarantee the integrity of data, and that as a result of any of these events there may be interruption of Your business.
(b) Persons with access to Your username and password may access Your profile and Your client information.
(c) If Your username and password are intercepted Your information may be accessed, changed and/or copied.
(d) In accordance with clause 11, we will have no liability to You for anything referred to in paragraphs 4.1(a), (b), or (c).
(e) You will indemnify Us in accordance with clause 11.4, in relation to any breach of security at Your premises or to your computer system, which results in any loss or damage to Us.
Your Acknowledgement. You acknowledge and agree that:
a. prior to signing this Agreement, We provided You with an opportunity to inspect the Storage Unit to ensure that You are satisfied with the condition, quality and safety of the Storage Unit. You confirm that the Storage Unit is as described by Us and fit for purpose;
b. the Storage Unit is approximately the size advertised;
c. You are solely responsible for determining whether the Storage Unit is appropriate and suitable for storing Your Storage Unit Goods, having regard to the size, nature and condition of Your Storage Unit Goods and of the Storage Unit;
Your Acknowledgement. You acknowledge and agree that:
a. the examples set out in clause 20.1 above of when we might take action to terminate, suspend, close or restrict your access to your Binance Account and/or the Binance Services is a non-exhaustive list; and
b. our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Binance Account or the Binance Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.
Your Acknowledgement. 7.1 You acknowledge and agree that:-
7.1.1 the Goods arerequiredforthepurpose of a businesscarried on by youandwereacquired, at yourrequest, by usforthepurposes of this Agreementfromthe Supplier;
7.1.2 you are responsible for choosing the Goods and you selected the type, quantity and manufacturer and supplier of the Goods and did not rely on our skill or judgment in relation to acquiring the Goods;
7.1.3 youare responsible on our behalf at yourown costforensuringthe delivery to you of the Goods and their installation, commissioning and testing at your premises and we are not in any way liable for any failure or delay in delivery, installation, commissioning or testing by the manufacturer and/or Supplier of the Goods;
7.1.4 you will examine the Goods promptly on their delivery to you and will only accept them if you are totally satisfied with them;
7.1.5 unless you notify us in writing within 5 days of delivery of the Goods that you do not accept the Goods, you shall be deemed to have accepted the Goods.
7.2 Because of the circumstances acknowledged in conditions 7. you agreethat theterms of this condition and any exclusions of liability it contains in our favour are fair and reasonable. You agree that:
7.2.1 we shall only be responsible to you for any statement, warranty or representation made in relation to the Goods by us or our agents if it is made in writing and authorised and signed by our duly authorised representative who has been confirmed by us in writing to you to be our agent;
7.2.2 you must get from the Supplier all indemnities, guarantees and any maintenance services for the Goods thatyouneed. However, we shall do what we reasonablycan to ensurethatthe benefits of any guarantee, condition or warranty whichmay have been given to us are enforced on your behalf or, if assignable, assigned to you, in either case at your expense and provided you are not in default under this Agreement. However, such benefits will only be so enforced or assigned provided you pay us the costs of that enforcement;
7.2.3 we shall not be liable to you or any otherpersonfor any representation, warranty or condition which may be implied by law relating to -
7.2.3.1 the satisfactory quality of the Goods,
7.2.3.2 thefitness of the Goodsfor any or a particular purpose,
7.2.3.3 whether or not the Goods match any sample or specification,
7.2.3.4 the description of the Goods, or
7.2.3.5 the age, performance or condition of the Goods.
7.3 Nothing in this condition 7 will excuse ...
