Acknowledgments and agreements of Client Clause Samples

Acknowledgments and agreements of Client. 5.6.1 The Client - 5.6.1.1 acknowledges and agrees that any Electronic Trading Platform is provided on an “as is” basis; 5.6.1.2 acknowledges and agrees that there are significant risks associated with using and relying on a Trading Platform, including risks related to the use of software and/or telecommunications systems, such as software errors and bugs, delays in telecommunications systems, interrupted service, data supply errors, faults or inaccuracies and security breaches; 5.6.1.3 assumes all risk of use or attempted use of a Trading Platform and any data provided by way of a Trading Platform; and 5.6.1.4 acknowledges and agrees that it has no recourse against Velocity Trade or any Licensor in relation to the use or availability of a Trading Platform or any errors in Licensor software and/or related information systems;
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Acknowledgments and agreements of Client. The Customer - i. acknowledges and agrees that any Electronic Trading Platform is provided on an “as is” basis; ii. acknowledges and agrees that Velocity has no obligation or responsibility to - 1. provide support for or maintenance of the Electronic Trading Platform, including by supplying any corrections, updates or new releases; 2. verify, correct, complete or update any information displayed on the Electronic Trading Platform;
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Acknowledgments and agreements of Client. The Customer - i. acknowledges and agrees that any Electronic Trading Platform is provided on an “as is” basis; ii. acknowledges and agrees that Velocity has no obligation or responsibility to - 1. provide support for or maintenance of the Electronic Trading Platform, including by supplying any corrections, updates or new releases; 2. verify, correct, complete or update any information displayed on the Electronic Trading Platform; 3. inform the Customer of any difficulties Velocity or other third parties experience in relation to use of or access to the Electronic Trading Platform or to take any action in relation to these difficulties; 4. verify, correct, complete or update any information displayed on an Electronic Trading Platform; or 5. take any action in relation to those difficulties.
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Acknowledgments and agreements of Client. The Client: (a) Authority to make determinations (b) “As is” basis
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Acknowledgments and agreements of Client. Velocity Trade shall, where possible, provide the Client with timely notice, in writing, of any unavoidable delay in the performance of the rectification of the Trading Platform and will advise the Client of other means of trading, having regard to the circumstances of the supply.
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Acknowledgments and agreements of Client. 5.3.1 The Client - 5.3.1.1 acknowledges and agrees that any Online Portal is provided on an “as is” basis; 5.3.1.2 acknowledges and agrees that there are significant risks associated with using and relying on the Online Portal, including risks related to the use of software and/or telecommunications systems, such as software errors and bugs, delays in telecommunications systems, interrupted service, data supply errors, faults or inaccuracies and security breaches; 5.3.1.3 assumes all risk of use or attempted use of the Online Portal and any data provided by way of the Online Portal; and 5.3.1.4 acknowledges and agrees that it has no recourse against Velocity Trade or any Licensor in relation to the use or availability of the Online Portal or any errors in Licensor software and/or related information systems;
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Acknowledgments and agreements of Client. The Client: (a) Authority to make determinations authorises Velocity Trade to make certain determinations under this Agreement, including for the Client’s margin position and the termination and close-out of Transactions through use of and/or communication by way of the Trading Platform; (b) “As is” basis acknowledges and agrees that any Electronic Trading Platform is provided on an “as is” basis; (c) Risks of use of Trading Platform (i) acknowledges and agrees that there are significant risks associated with using and relying on a Trading Platform, including risks related to the use of software and/or telecommunications systems, such as software errors and bugs, delays in telecommunications systems, interrupted service, data supply errors, faults or inaccuracies and security breaches; (ii) assumes all risk of use or attempted use of a Trading Platform and any data provided by way of a Trading Platform; and (iii) acknowledges and agrees that it has no recourse against Velocity Trade or any Licensor for the use or availability of a Trading Platform or any errors in Licensor software and/or related information systems; (d) Support and maintenance acknowledges and agrees that Velocity Trade has no obligation or responsibility to provide support for or maintenance of any Trading Platform, including by supplying any corrections, updates or new releases; (e) No responsibility to inform Client of difficulties acknowledges and agrees that Velocity Trade has no obligation or responsibility: (i) to inform the Client of any difficulties Velocity Trade or other third parties experience for the use of or access to a Trading Platform or to take any action for to those difficulties; and (ii) to verify, correct, complete or update any information displayed on a Trading Platform; (f) Client responsibility (i) assumes full responsibility for any decision in which any data provided to the Client by way of a Trading Platform may be used or relied upon; (ii) will make its own independent decision to access or use a Trading Platform or to enter into any Transaction; and (iii) acknowledges and agrees that no Trading Platform serves as the primary basis for any of the Client’s investment decisions concerning its accounts or its managed or fiduciary accounts;
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Acknowledgments and agreements of Client. The Client:
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Related to Acknowledgments and agreements of Client

  • Acknowledgments and Agreements (a) The Borrower acknowledges that on the date hereof all Obligations are payable without defense, offset, counterclaim or recoupment. (b) The Administrative Agent and the Lenders hereby expressly reserve all of their rights, remedies, and claims under the Loan Documents. Nothing in this Agreement shall constitute a waiver or relinquishment of (i) any Default or Event of Default under any of the Loan Documents, (ii) any of the agreements, terms or conditions contained in any of the Loan Documents, (iii) any rights or remedies of the Administrative Agent or any Lender with respect to the Loan Documents, or (iv) the rights of the Administrative Agent or any Lender to collect the full amounts owing to them under the Loan Documents. (c) Each of the Borrower, the Guarantors, Administrative Agent, and Lenders does hereby adopt, ratify, and confirm the Credit Agreement, as amended hereby, and acknowledges and agrees that the Credit Agreement, as amended hereby, is and remains in full force and effect, and the Borrower and the Guarantors acknowledge and agree that their respective liabilities and obligations under the Credit Agreement, as amended hereby, and the Guaranty, are not impaired in any respect by this Agreement. (d) From and after the Effective Date, all references to the Credit Agreement and the Loan Documents shall mean such Credit Agreement and such Loan Documents as amended by this Agreement. (e) This Agreement is a Loan Document for the purposes of the provisions of the other Loan Documents. Without limiting the foregoing, any breach of representations, warranties, and covenants under this Agreement shall be a Default or Event of Default, as applicable, under the Credit Agreement.

  • Acknowledgements and Agreements Executive hereby acknowledges and agrees that in the performance of Executive’s duties to the Company during the Employment Period, Executive will be brought into frequent contact with existing and potential customers of the Group Companies throughout the world. Executive also agrees that trade secrets and confidential information of the Group Companies, more fully described in subparagraph 7(f), gained by Executive during Executive’s association with the Group Companies, have been developed by each Group Company through substantial expenditures of time, effort and money and constitute valuable and unique property of the Group Companies. Executive further understands and agrees that the foregoing makes it necessary for the protection of the Businesses that Executive not compete with the Businesses during Executive’s employment with the Company and not compete with the Businesses for a reasonable period thereafter, as further provided in the following subparagraphs.

  • Acknowledgments and Affirmations (a) Executive affirms that Executive has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Executive may be entitled for all hours worked during Executive’s term of employment with the Company. Executive affirms that Executive has been granted any leave to which Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Executive affirms that all of the Company’s decisions regarding the pay and benefits through the date of Executive’s execution of this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, or any other classification protected by law. (b) Executive affirms that Executive has no known workplace injuries or occupational diseases. (c) Executive affirms that Executive has not divulged any proprietary or confidential information of the Company or any of its affiliates and will continue to maintain the confidentiality of such information consistent with the Company’s policies, the Employment Agreement, and/or common law. (d) Executive affirms that Executive has not been retaliated against for reporting any allegations of wrongdoing by the Company or its officers, including any allegations of corporate fraud. (e) Executive affirms that Executive does not have any current charge, claim, or lawsuit against one or more of the Released Persons pending before any local, state, or federal agency or court regarding Executive’s employment and the termination of Executive’s employment. Executive understands that nothing in this Agreement prevents Executive from filing a charge or complaint or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission or any other federal, state, or local agency charged with the enforcement of any employment or labor laws, although by signing this Agreement, Executive is giving up any right to monetary recovery that is based on any of the claims Executive has released. Executive also understands that if Executive files such a charge or complaint, Executive has, as part of this Agreement, waived Executive’s right to receive any remuneration beyond what Executive receives pursuant to the Employment Agreement. (f) Executive affirms that at the time of considering or executing this Agreement, Executive was not affected or impaired by illness, use of alcohol, drugs, or other substances or otherwise impaired. Executive is competent to execute this Agreement and knowingly and voluntarily waives any and all claims Executive may have against the Released Persons. Executive certifies that Executive is not a party to any bankruptcy, lien, creditor-debtor, or other proceedings that would impair Executive’s right or ability to waive all claims Executive may have against the Released Persons.

  • Acknowledgments and Stipulations Each Borrower acknowledges and stipulates that the Credit Agreement and the other Loan Documents executed by Borrowers are legal, valid and binding obligations of Borrowers that are enforceable against Borrowers in accordance with the terms thereof; all of the Obligations are owing and payable without defense, offset or counterclaim (and to the extent there exists any such defense, offset or counterclaim on the date hereof, the same is hereby waived by each Borrower); and the security interests and liens granted by Borrowers in favor of Administrative Agent, for the benefit of itself and Lenders, are duly perfected, first priority security interests and liens to the extent provided therein.

  • Representations and Agreements (a) The Advisor represents to and agrees with the Company that: (1) the terms of this Agreement do not violate any obligation by which the Advisor is bound, whether arising by contract, operation of law or regulation, or otherwise; (2) this Agreement has been duly authorized, executed and delivered by the Advisor and constitutes a legal, valid and binding agreement of the Advisor enforceable in accordance with its terms, and the Advisor has full power and authority to enter into this Agreement and to perform its duties hereunder; (3) it shall maintain at all times during the term of this Agreement competent personnel to perform the duties required of it hereunder, and the Advisor’s expenses in connection therewith shall be borne by the Advisor; and (4) the representations and warranties contained herein shall continue and remain in effect during the term of this Agreement, and, if at any time during the term of this Agreement any event occurred which would make any of these foregoing representations untrue, incomplete or inaccurate in any respect, the Advisor will promptly notify the Company of such event. (b) The Company represents to and agrees with the Advisor that: (1) the terms of this Agreement do not violate any obligation by which the Company is bound, whether arising by contract, operation of law or regulation, or otherwise; (2) the Company is the sole owner of the assets covered hereby and such assets are free and clear of any and all liens and restrictions on their transfer or sale, except for applicable transfer restrictions under various securities laws; (3) this Agreement has been duly authorized, executed and delivered by the Company and constitutes a legal, valid and binding agreement of the Company enforceable in accordance with its terms, and the Company has full power and authority to enter into this Agreement and to perform its duties hereunder; (4) the Investment Portfolios are not subject to the U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (5) it is not a “Benefit Plan Investor,” as defined under ERISA; (6) the Company will deliver or cause to be delivered to the Advisor in writing, all the information, documents and instruments that the Advisor may reasonably request in order to perform its duties hereunder; and (7) the representations and warranties contained herein shall continue and remain in effect during the term of this Agreement, and, if at any time during the term of this Agreement any event occurred which would make any of these foregoing representations untrue, incomplete or inaccurate in any respect, the Company will promptly notify the Advisor of such event.