Controlling Terms definition

Controlling Terms. To the extent these terms conflict or are inconsistent with any terms of the Agreement or with Service Provider’s XXXX, privacy policy, purchase order or other contract materials, then the terms of this Exhibit shall control. Further, Service Provider agrees it shall not seek to impose additional terms (via an end user license agreement or otherwise) that would require consent to a scope of Confidential Student Information uses beyond those necessary for the performance of this Agreement. To the extent that any Service Provider terms contradict or seek to enlarge Service Provider’s permitted scope of use for Confidential Student Information, such terms are void.
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Controlling Terms. To the extent these terms conflict or are inconsistent with any terms of the Agreement or with Service Provider’s XXXX, privacy policy, purchase order or other contract materials, then the terms of this Exhibit shall control. Further, Service Provider agrees it shall not seek to impose additional terms (via an end user license agreement or otherwise) that would require consent to a scope of Confidential Student Information uses beyond those necessary for the performance of this Agreement. To the extent that any Service Provider terms contradict or seek to enlarge Service Provider’s permitted scope of use for Confidential Student Information, such terms are void. Acknowledgment of Access and Control: Service Provider acknowledges it will have access to Confidential Student Information for the sole purpose of performing Services under of this Agreement, and that access to and disclosure of Confidential Student Information is restricted by University policy and federal law (FERPA). Service Provider acknowledges that it is under the direct control of University with respect to the use and maintenance of Confidential Student Information. Protection of Student Education Records. Service Provider agrees to hold Confidential Student Information in strict confidence. Service Provider shall not use or disclose Confidential Student Information received from or on behalf of University (including Confidential Student Information received directly from University’s students) except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by University. Service Provider agrees not to use Confidential Student Information for any purpose other than the purpose for which the disclosure was made. Service Provider agrees that only Service Provider’s employees who have a legitimate business need in connection with their performance of this Agreement will have access to the Confidential Student Information. Service Provider shall not seek to enlarge the scope of use of Confidential Student Information beyond that necessary to perform this Agreement, and the terms of any other documents seeking such expanded use shall be void.
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Controlling Terms. The language as set forth in the XXX account registration shall control at all times. Unless we or the transfer agent to whom we delegate these responsibilities is expressly instructed by the account owner to change the status of the account or the beneficiary designation prior to the account owner’s death, the person or persons set forth as the beneficiaries of the account shall remain the beneficiaries of the account, and events subsequent to the registration of the account as a XXX account shall not change either the rights of the persons designated as beneficiaries or the status of the account as a XXX account.
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Examples of Controlling Terms in a sentence

  • The Controlling Terms are wholly binding upon, benefit and/or apply to the successor(s)/assigns of Airfasco and Customer.

  • IV.42 CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011) The terms and conditions of this Contract shall be the exclusive terms of agreement between the Contractor and the Commonwealth.

  • The acceptance of any Order is subject and limited to the Controlling Terms.

  • When Customer accepts the Order, Customer will be irrevocably deemed to have assented to and accepted the Controlling Terms.

  • Denver has the right to allocate those strands to other governmental entities as it may select, consistent with the Controlling Terms and Conditions.

  • If Customer defaults upon or breaches any of the Purchase Terms and/or Controlling Terms, (“Default(s)”), Airfasco may: (a) retain Customer’s deposit (if applicable) and pursue any and all legal/equitable remedies available to Airfasco under applicable law; and, (b) recover from Customer any and all costs/expenses which Airfasco incurs relating to or resulting from the Default(s); including, without limitation, reasonable legal and expert’s fees and court costs.

  • I.41 CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011) The terms and conditions of this Contract shall be the exclusive terms of agreement between the Contractor and the Commonwealth.

  • Airfasco’s waiver of and/or acquiescence as to any Default(s) or Airfasco’s failure to insist upon Customer’s strict performance of any of the Purchase Terms and/or the Controlling Terms shall not constitute Airfasco’s waiver of Customer’s subsequent and/or other Default(s) or failure(s).

  • If any Controlling Term(s) is/are held by a court of competent jurisdiction to be invalid, void or unenforceable, all other Controlling Terms shall remain in full force and effect and shall not be affected, impaired or otherwise invalidated.

  • CONTRACT-034.3 Controlling Terms and Conditions (Aug 2011) The terms and conditions of this Contract shall be the exclusive terms of agreement between the Contractor and the Commonwealth.


More Definitions of Controlling Terms

Controlling Terms. To the extent these terms conflict or are inconsistent with any terms of the Agreement or with Consultant’s XXXX, privacy policy, purchase order or other contract materials, then the terms of this Exhibit shall control. Further, Consultant agrees it shall not seek to impose additional terms (via an end user license agreement or otherwise) that would require consent to a scope of Confidential Student Information uses beyond those necessary for the performance of this Agreement. To the extent that any Consultant terms contradict or seek to enlarge Consultant’s permitted scope of use for Confidential Student Information, such terms are void. Acknowledgment of Access and Control: Consultant acknowledges it will have access to Confidential Student Information for the performance of this Agreement, and that access to and disclosure of Confidential Student Information is restricted by University policy and federal law (FERPA). Consultant acknowledges that it is under the direct control of University with respect to the use and maintenance of Confidential Student Information.
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Related to Controlling Terms

  • Controlling Note means Note A-1.

  • Controlling and “Controlled” have meanings correlative thereto.

  • Controlling Note Holder means the holder of the Controlling Note; provided that at any time the Controlling Note is included in a Securitization, references to the “Controlling Note Holder” herein shall mean the holders of the majority of the class of securities issued in such Securitization designated as the “controlling class” or any other party that is assigned the rights to exercise the rights of the “Controlling Note Holder” hereunder, as and to the extent provided in the related Securitization Servicing Agreement; provided that for so long as 50% or more of the Controlling Note is held by (or the party assigned the rights to exercise the rights of the “Controlling Note Holder” (as described above) is) the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, the Controlling Note (and such party assigned the rights to exercise the rights of the “Controlling Note Holder” as described above) shall not be entitled to exercise any rights of the Controlling Note Holder, and there shall be deemed to be no Controlling Note Holder hereunder. If the Controlling Note is included in a Securitization, the related Securitization Servicing Agreement may contain additional limitations on the rights of the designated party entitled to exercise the rights of the “Controlling Note Holder” hereunder if such designated party is the Mortgage Loan Borrower or if it has certain relationships with the Mortgage Loan Borrower.

  • Controlling Affiliate means an Affiliate that directly or indirectly Controls the Hotel and/or Controls the entity that Controls the Hotel.

  • Controlling Holder means, as of any date of determination:

  • Controlling Noteholder means as of any date of determination the holder or holders of a majority of the Lead Securitization Note. At any time the Lead Securitization Note is the Controlling Noteholder and is included in the Lead Securitization, references to the “Controlling Noteholder” herein shall mean the holders of the majority of the class of securities issued in the Lead Securitization designated as the “controlling class” (or such lesser amount as permitted under the terms of the Servicing Agreement) or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” hereunder, as and to the extent provided in the Servicing Agreement.

  • a term's notice means written notice given not later than the first day of the term preceding the term to which the notice relates;

  • A Term's Written Notice means Notice given before the first day of a Term and expiring at the end of that Term. A Term's Written Notice must be given if:

  • Third Party Terms means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D.

  • Non-Controlling Noteholder means each Noteholder other than the Controlling Noteholder; provided that, if at any time a Non-Controlling Note (or, at any time a Non-Lead Securitization Note is included in a Securitization, the Non-Lead Securitization Subordinate Class Representative) is held by the Mortgage Loan Borrower or a Mortgage Loan Borrower Related Party, no Person shall be entitled to exercise the rights of such Non-Controlling Noteholder with respect to such Non-Controlling Note.

  • Product Terms means the document that provides information about Products available under this Agreement. The Product Terms document is published on the Licensing Site and is updated from time to time.

  • under common control with means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, as trustee or executor, as general partner or managing member, by Contract or otherwise, including the ownership, directly or indirectly, of securities having the power to elect a majority of the board of directors or similar body governing the affairs of such Person.

  • Controlling producer means a producer who directly or indirectly controls an

  • Non-Controlling Note Holder herein shall mean the “Directing Certificateholder” or any other party assigned the rights to exercise the rights of such “Non-Controlling Note Holder” hereunder, as and to the extent provided in the related Securitization Servicing Agreement and as to the identity of which the Lead Securitization Note Holder (and the Master Servicer and the Special Servicer) has been given written notice; provided that for so long as 50% or more of any Non-Controlling Note is held by (or the majority “controlling class” holder or other party assigned the rights to exercise the rights of such “Non-Controlling Note Holder” (as described above) is) the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, such Non-Controlling Note (and the majority “controlling class” holder or other party assigned the rights to exercise the rights of such “Non-Controlling Note Holder” as described above) shall not be entitled to exercise any rights of such Non-Controlling Note Holder, and there shall be deemed to be no Non-Controlling Note Holder hereunder with respect to such Non-Controlling Note. The Lead Securitization Note Holder (or the Master Servicer or the Special Servicer acting on its behalf) shall not be required at any time to deal with more than one party in respect of any Note that is exercising the rights of a “Non-Controlling Note Holder” herein or under the Lead Securitization Servicing Agreement and (x) to the extent that the related Securitization Servicing Agreement assigns such rights to more than one party or (y) to the extent any Note is split into two or more New Notes pursuant to Section 32, for purposes of this Agreement, the applicable Securitization Servicing Agreement or the holders of such New Notes shall designate one party to deal with the Lead Securitization Note Holder (or the Master Servicer or the Special Servicer acting on its behalf) and provide written notice of such designation to the Lead Securitization Note Holder (and the Master Servicer and the Special Servicer acting on its behalf); provided that, in the absence of such designation and notice, the Lead Securitization Note Holder (or the Master Servicer or the Special Servicer acting on its behalf) shall be entitled to treat the last party as to which it has received written notice as having been designated as a Non-Controlling Note Holder, as a Non-Controlling Note Holder under this Agreement. If the Non-Controlling Note is included in a Securitization, the related Securitization Servicing Agreement may contain additional limitations on the rights of the designated party entitled to exercise the rights of the “Non-Controlling Note Holder” hereunder if such designated party is the Mortgage Loan Borrower or if it has certain relationships with the Mortgage Loan Borrower.

  • Controlling Person As defined in Section 8(a) hereof.

  • Class Representative Service Payment means the payment to the Class Representative for initiating the Action and providing services in support of the Action.

  • Controlling Class Representative shall have the meaning assigned to the term “Directing Certificateholder” in the Lead Securitization Servicing Agreement.

  • Non-Controlling Note means any Note (other than the Controlling Note), including any New Note designated as a “Non-Controlling Note” hereunder pursuant to Section 32.

  • Other Applicable Provisions The provisions of Sections 9.1(c), 9.8, 9.9 and 9.11 of the Equity Definitions will be applicable, except that all references in such provisions to “Physically-settled” shall be read as references to “Share Settled”. “Share Settled” in relation to any Option means that Net Share Settlement or Combination Settlement is applicable to that Option.

  • Class Representative means the named Plaintiff in the operative complaint in the Action seeking Court approval to serve as a Class Representative.

  • Data Terms Website means hxxx://xxxxxxxxx.xxx/xxxxxxxx/assetservicing/vendoragreement.pdf or any successor website the address of which is provided by the Custodian to the Fund.

  • Non-Lead Securitization Subordinate Class Representative means the holders of the majority of the class of securities issued in a Non-Lead Securitization designated as the “controlling class” pursuant to the related Non-Lead Securitization Servicing Agreement or their duly appointed representative; provided that if 50% or more of the class of securities issued in any Non-Lead Securitization designated as the “controlling class” or such other class(es) otherwise assigned the rights to exercise the rights of the “Controlling Noteholder” is held by the Mortgage Loan Borrower or an Affiliate of the Mortgage Loan Borrower, no person shall be entitled to exercise the rights of the related Non-Lead Securitization Subordinate Class Representative.

  • controlled by and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

  • Definitions In this Agreement:

  • Special Terms means the Section of the Contract entitled “Special Terms” that contains terms specific to this Contract, including but not limited to the Scope of Work and contract payment terms. If there is a conflict between the General Terms for Services Contracts and the Special Terms, the Special Terms shall prevail.

  • Terms Capital Account Distribution Date" and "Income Account Distribution Date" shall mean the "Distribution Dates" set forth in the "Essential Information" in the Prospectus.