Acceptance; Cumulative Effect Sample Clauses
The "Acceptance; Cumulative Effect" clause defines how the acceptance of certain terms, actions, or deliverables under a contract does not limit or negate the effect of other rights or remedies available to the parties. In practice, this means that if one party accepts a performance or waives a breach, it does not prevent them from enforcing other provisions or seeking additional remedies for other issues. This clause ensures that the acceptance of one aspect of the contract does not diminish the overall rights and protections afforded by the agreement, thereby preventing unintended waivers and preserving the cumulative effect of all contractual rights.
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any similar agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer or selling agreement with us, your first trade or acceptance of payments from us after your receipt of this Agreement, as it may be amended pursuant to Section 18, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. FRANKLIN T▇▇▇▇▇▇▇▇ DISTRIBUTORS, INC. By _______________________________________ P▇▇▇▇ ▇. ▇▇▇▇▇, President O▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Attention: Chief Legal Officer (for legal notices only) (▇▇▇) ▇▇▇-▇▇▇▇ 1▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ (▇▇▇) ▇▇▇-▇▇▇▇ DEALER: If you have not previously signed a dealer or selling agreement with us, please complete and sign this section and return the original to us. Dealer Name Date By: (Signature) Name Title Address City State ZIP NASD CRD # Telephone ( ) (Internal Use Only) Franklin T▇▇▇▇▇▇▇▇ dealer number To the extent you are a “financial intermediary” with respect to the Funds, you agree as follows:
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any similar agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer or selling agreement with us, your first trade or acceptance of payments from us after your receipt of this Agreement, as it may be amended pursuant to Section 18, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms.
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer agreement with us, your first trade or acceptance of payments from us after your receipt of this Agreement, as it may be amended pursuant to Section 16, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. FRANKLIN/▇▇▇▇▇▇▇▇▇ DISTRIBUTORS, INC. By /s/ ▇▇▇▇ ▇▇▇▇▇▇▇ ------------------------ ▇▇▇▇ ▇▇▇▇▇▇▇, President ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇. San Mateo, CA 94404 Attention: Chief Legal Officer (for legal notices only) 415/312-2000 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-3628 813/823-8712 -------------------------------------------------------------------------------- Dealer: If you have NOT previously signed a Dealer Agreement with us, please complete and sign this section and return the original to us. __________________________________ DEALER NAME: By _______________________________ (Signature) Name:_____________________________ Title: ___________________________ Address: ______________________________ _______________________________________ _______________________________________ Telephone: _______________________ NASD CRD # _______________________ -------------------------------------------------------------------------------- ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Dealer # ______________________ (Internal Use Only) -------------------------------------------------------------------------------- Version 12/31/97 232567.4 Franklin ▇▇▇▇▇▇▇▇▇ Distributors, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ May 15, 1998 Re: Amendment of Dealer Agreement - Notice Pursuant to Section 16 Dear Securities Dealer: This letter constitutes notice of amendment of the current Dealer Agreement (the "Agreement") between Franklin/▇▇▇▇▇▇▇▇▇ Distributors, Inc. ("we" or "us") and you pursuant to Section 16 of the Agreement. The Agreement is hereby amended as follows:
1. Defined terms in this amendment have the meanings as stated in the Agreement unless otherwise indicated.
2. Section 6 is modified to add a subsection 6(c), as follows:
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any similar agreement previously in effect. It shall be binding upon the parties hereto when signed by FTDI and accepted by Bank. If Bank has a current selling agreement with FTDI, Bank's first trade or acceptance of payments from FTDI after receipt of this Agreement, as it may be amended pursuant to paragraph 7(h), above, shall constitute Bank's acceptance of the terms of this Agreement.
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any agreement previously in effect. It shall be binding upon the parties hereto when signed by FTDI and accepted by Bank. If Bank has a current agreement with FTDI, Bank's first trade or acceptance of payments from FTDI after receipt of this Agreement, as it may be amended pursuant to paragraph 7(h), above, shall constitute Bank's acceptance of the terms of this Agreement. Otherwise, Bank's signature below shall constitute Bank's acceptance of these terms. FRANKLIN/TEMPLETON DISTRIBUTORS, INC. By: /s/ Greg Johnson ----------------------- Greg Johnson, President 777 Mariners Island Blvd. San Mateo, CA 94404 Attention: Chief Legal Officer (for legal notices only) 650/312-2000 100 Fountain Parkway ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ 813/299-8712 -------------------------------------------------------------------------------- To the Bank or Trust Company: If you have not previously signed an agreement with FTDI for the sale of mutual fund shares to your customers, please complete and sign this section and return the original to us. BANK OR TRUST COMPANY: ____________________________________ (Bank's name) By: ____________________________________ (Signature) Name: _________________________________ Title: _________________________________ Franklin Templeton Distributors, Inc. 777 Mariners Island Boulevard ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ ▇▇▇ ▇▇, ▇▇▇▇ ▇▇: ▇▇▇▇▇▇▇▇▇ of Mutual Fund Purchase and Sales Agreement for Accounts of Bank and Trust Company Customers - Notice Pursuant to Paragraph 7(h) Dear Bank or Trust Company: This letter constitutes notice of amendment of the current Mutual Fund Purchase and Sales Agreement for Accounts of Bank and Trust Company Customers (the "Agreement") between Franklin/Templeton Distributors, Inc. ("FT▇▇") ▇▇▇ the bank or trust company ("the Bank") pursuant to Paragraph 7(h) of the Agreement. The Agreement is hereby amended as follows:
1. Defined terms in this amendment have the meanings as stated in the Agreement unless otherwise indicated.
2. Paragraph 5(e) is modified to add the following language:
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer agreement with us, your first trade or acceptance of payments from us after receipt of this Agreement, as it may be amended pursuant to paragraph 16, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. Date: FRANKLIN/T▇▇▇▇▇▇▇▇ DISTRIBUTORS, INC. By: (Signature) Name: G▇▇▇ ▇▇▇▇▇▇▇ Title: President
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer agreement with us, your first trade or acceptance of payments from us after receipt of this Agreement, as it may be amended pursuant to paragraph 16, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. FRANKLIN/TEMPLETON DISTRIBUTORS, INC. By: ▇▇▇▇ Johnson, President 777 Mari▇▇▇▇ ▇▇▇▇▇▇ Blvd. San Ma▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ (for legal notices only) 415/312-2000 700 Central Avenue St. Petersburg, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇▇▇/▇▇▇-▇▇▇▇
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any similar agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer or selling agreement with us, your first trade or acceptance of payments from us after your receipt of this Agreement, as it may be amended pursuant to Section 18, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. FRANKLIN DISTRIBUTORS, LLC By ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, President One Franklin Parkway San Mateo, CA 94403-1906 Attention: Chief Legal Officer (for legal notices only) (___) ___-____ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ St. Petersburg, Florida 33716-1205 (___) ___-____ DEALER: If you have not previously signed a dealer or selling agreement with us, please complete and sign this section and return the original to us. Dealer Name Date By: (Signature) Name Title Address City State ZIP NASD CRD # Telephone (Internal Use Only) ( ) ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ dealer number To the extent you are a “financial intermediary” with respect to the Funds, you agree as follows:
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any similar agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer or selling agreement with
Acceptance; Cumulative Effect. This Agreement is cumulative and supersedes any agreement previously in effect. It shall be binding upon the parties hereto when signed by us and accepted by you. If you have a current dealer agreement with us, your first trade or acceptance of payments from us after receipt of this Agreement, as it may be amended pursuant to paragraph 16, above, shall constitute your acceptance of its terms. Otherwise, your signature below shall constitute your acceptance of its terms. FRANKLIN/▇▇▇▇▇▇▇▇▇ DISTRIBUTORS, INC. By: ▇▇▇▇ ▇▇▇▇▇▇▇, President ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Attention: Chief Legal Officer (for legal notices only) 415/312-2000 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ 813/823-8712