T N E S S E T H Sample Clauses
The term "T N E S S E T H" is an archaic legal word, a variant of "witnesseth," used at the beginning of formal contracts to introduce the recitals or background section. It typically precedes a summary of the agreement's context, such as the parties involved and the purpose of the contract. Its primary function is to formally set the stage for the substantive terms that follow, ensuring a clear introduction to the agreement's background and intent.
T N E S S E T H that in consideration of the premises and mutual promises hereinafter set forth, the parties hereto agree as follows:
T N E S S E T H. RECITALS
T N E S S E T H. A. BACKGROUND AND OBJECTIVES
T N E S S E T H. In consideration of the mutual covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows:
1. The Trust hereby engages the Adviser to act as the investment adviser for, and to manage the investment and reinvestment of the assets of, each Fund in accordance with each Fund’s investment objectives and policies and limitations, and to administer each Fund’s affairs to the extent requested by and subject to the supervision of the Board of Trustees of the Trust for the period and upon the terms herein set forth. The investment of each Fund’s assets shall be subject to the Fund’s policies, restrictions and limitations with respect to securities investments as set forth in the Fund’s then current registration statement under the 1940 Act, Declaration of Trust, By-laws of the Trust and all applicable laws and the regulations of the Securities and Exchange Commission relating to the management of registered open‑end management investment companies. The Adviser accepts such employment and agrees during such period to render such services, to furnish office facilities and equipment and clerical, bookkeeping and administrative services (other than such services, if any, provided by the Funds’ transfer agent, administrator or other service providers) for the Funds, to permit any of its officers or employees to serve without compensation as trustees or officers of the Trust if elected to such positions, and to assume the obligations herein set forth for the compensation herein provided. The Adviser shall at its own expense furnish all executive and other personnel, office space, and office facilities required to render the investment management and administrative services set forth in this Agreement. In the event that the Adviser pays or assumes any expenses of a Fund not required to be paid or assumed by the Adviser under this Agreement, the Adviser shall not be obligated hereby to pay or assume the same or similar expense in the future; provided, that nothing contained herein shall be deemed to relieve the Adviser of any obligation to a Fund under any separate agreement or arrangement between the parties.
2. The Adviser shall, for all purposes herein provided, be deemed to be an independent contractor and, unless otherwise expressly provided or authorized, shall neither have the authority to act for nor represent the Trust in any way, nor otherwise be deemed an agent of the Trust.
3. For the services and facilities described in Se...
T N E S S E T H that in consideration of the premises and the mutual covenants hereinafter contained, the Fund and the Administrator agree as follows:
T N E S S E T H. ARTICLE I
T N E S S E T H. Assignor, in consideration of the sum of Ten and No/100 Dollars ($10.00) in hand paid, and other good and valuable consideration, and of the other agreements of Assignee herein contained, the receipt and sufficiency of which are hereby acknowledged, does hereby transfer, assign and convey unto Assignee, subject to the exceptions, reservations, conditions and other provisions hereinafter set out, all of Assignor’s right, title and interest in and to the leasehold and contractual working interest rights in and to the Oil and Gas Leases described on Exhibit “A attached hereto,such lease(s) being hereinafter sometimes referred to as “the Leases”, and in the "Contracts" as such term is defined in the Agreement (as hereinafter defined), INSOFAR AND ONLY INSOFAR as the Leases and Contracts cover the Mississippi formation underlying lands described in Exhibit “A”, limited to production therefrom from ▇▇▇▇▇ drilled by Assignee thereon after the Effective Date. The Mississippi formation is defined as the stratigraphic equivalent of all depths between 4,982 feet and 5,391 feet, inclusive, as shown on the Log-Tech Dual Compensated Porosity log dated February 22, 2007 for the ▇▇▇▇▇▇▇ #3-20 well (API #15-033-21490-0000) located near the center of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 17 West (SE/4SE/4NW/4NE/4 Sec. 20-31s-17w), Comanche County, Kansas. Subject to the terms and conditions of the Leases, this Assignment shall be for a term commencing on the Effective Date and ending December 29, 2014, and shall terminate in all respects upon the expiration of such term. This Assignment is delivered pursuant, and is made expressly subject, to the terms and conditions of that certain Agreement for Purchase of Term Assignment dated February 22, 2013, by and between Berexco LLC, et al., and Pacific Energy Development MSLLLC, which agreement is on file in the office of Berexco LLC at ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (the “Agreement”). Assignor and Assignee intend that the terms of the Agreement remain separate and distinct from, and not merge into, the terms of this Assignment. To the extent of any conflict between the terms and conditions of this Assignment and the Agreement, the terms of the Agreement shall govern and prevail. Assignor hereby reserves unto Assignor and excepts from this Assignment:
T N E S S E T H. That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, as applicable, covenant and agree as follows:
T N E S S E T H. This Agreement is to facilitate reimbursement payments to STATE from COMMISSION pursuant to the attached Amended Agreement and to also confirm the processing of requests for reimbursements from those utilities that will incur reimbursable costs and expenditures as previously identified by STATE. This Agreement has been made necessary due to the determination by STATE that it may not directly reimburse these utilities under the laws of Alabama and that COMMISSION shall be required to enter into ▇▇▇▇ No. 1 agreements with both Alabama Power Company (distribution and transmission) and the City of Tuscaloosa in order for these utilities to be reimbursed for approved utility relocation costs and expenditures as shown are the attached Exhibits B, C, and D. This agreement is further required to provide for the payment by COMMISSION to STATE for reimbursement of roughly $187,000 costs and expenditures it has incurred to date (prior to the determination made which required the change in this reimbursement process.)
T N E S S E T H. A. Lessee desires to lease from Lessor certain furniture, equipment, furnishings and other amenities owned by Lessor; and ▇. ▇▇▇▇▇▇ is willing to lease the same to ▇▇▇▇▇▇ on the terms, covenants and conditions hereinafter set forth.