BENEFITS, INDEPENDENCE AND CONFLICTS OF INTERESTS Clause Samples

The "Benefits, Independence and Conflicts of Interests" clause defines the obligations of parties to disclose and manage any personal benefits, relationships, or circumstances that could compromise their objectivity or create a conflict of interest. In practice, this clause typically requires parties to declare any financial interests, gifts, or affiliations that might influence their decisions or actions under the agreement, and may prohibit accepting certain benefits from third parties. Its core function is to ensure transparency and maintain the integrity of the parties' conduct, thereby preventing biased decision-making and protecting the interests of all stakeholders involved.
BENEFITS, INDEPENDENCE AND CONFLICTS OF INTERESTS. 9.1 Potential Conflict of Interests: Subject to applicable laws, rules and regulations, USL shall be entitled to:- (a) act in any capacity for any other person or buy, sell, hold or deal in any Securities for USL’s own Account even if similar Securities may be in the Client’s Account or covered by the Instruction in respect of the Client’s Account; (b) purchase for the Client’s Securities, fully or partially, held by USL from USL’s own Account; (c) purchase for USL’s own Account Securities, fully or partially, from the Client’s Account; (d) match the Client’s order with that of USL’s client(s) by acting on his or their behalf as well as on the Client’s behalf; (e) take the opposite position to the Client’s order whether it is on USL’s own Account or is on behalf of other clients of USL; and (f) deal in Securities where USL is involved in a new issue, rights issue, takeover or similar Transaction concerning such Securities, provided that in cases under (b), (c), and (d) above, the terms of any Transaction in which the Client is involved are not less favorable to the Client than they would have been, had the Transaction been entered into at arm’s length on the day in question. To the extent permissible under applicable laws, regulations and rules, USL shall not be liable to the Client for or obligated to disclose to the Client, any commission, profits or other benefits whatsoever resulting from USL’s carrying out any of the above actions or entering into any of the above Transactions.
View SourceView Similar (3)
BENEFITS, INDEPENDENCE AND CONFLICTS OF INTERESTS. 9.1 Conflict of Interests: The Client acknowledges and agrees that subject to Applicable Law, uSMART SG and its Affiliates (i.e., the uSmart Group) shall be entitled to:- 9.1.1 act in any capacity for any other person or buy, sell, hold or deal in any Securities for any uSmart Group Company’s own Account even if similar Securities may be in the Client’s Account or covered by the Instruction in respect of the Client’s Account; 9.1.2 purchase for the Client’s Securities, fully or partially, held by any uSmart Group Company’s own Account; 9.1.3 purchase for any uSmart Group Company’s own Account Securities, fully or partially, from the Client’s Account; 9.1.4 match the Client’s order with that of any uSmart Group Company’s client(s) by acting on his or their behalf as well as on the Client’s behalf; 9.1.5 take the opposite position to the Client’s order whether it is on any uSmart Group Company’s own Account or is on behalf of other clients of any uSmart Group Company; and 9.1.6 deal in Securities where any uSmart Group Company is involved in a new initial public offering, rights issue, takeover, placement or similar Transaction concerning such Securities, provided that in cases under Clauses 9.1.2, 9.1.3 and 9.1.4 above, the terms of any Transaction in which the Client is involved are not less favorable to the Client than they would have been, had the Transaction been entered into at arm’s length basis on the day in question. To the extent permissible under Applicable Law, uSMART SG shall not be liable in any way to the Client (including accounting to or paying to the Client) for or obligated to disclose to the Client, any commission, profits or other benefits whatsoever resulting from any uSmart Group Company’s carrying out any of the above actions or entering into any of the above Transactions.
View SourceView Similar (3)
BENEFITS, INDEPENDENCE AND CONFLICTS OF INTERESTS 
View SourceView Similar (4)

Related to BENEFITS, INDEPENDENCE AND CONFLICTS OF INTERESTS

  • Conflicts of Interests 4.8.1 We are required to have arrangements in place to manage conflicts of interest between us and our clients and between different clients. We operate in accordance with a conflicts of interest policy we have put in place for this purpose (which may be revised or updated from time to time) pursuant to Applicable Regulations in which we have identified those situations in which there may be a conflict of interest, and in each case, the steps we have taken to manage that conflict. 4.8.2 We shall not be obliged to disclose to you or take into consideration any fact, matter or finding which might involve a breach of duty or confidence to any other person, or which comes to the notice of any of our directors, officers, employees or agents but does not come to the actual notice of the individual or individuals dealing with you. 4.8.3 The relationship between you and us is as described in this Client Agreement. Neither that relationship, nor the services we provide nor any other matter, will give rise to any fiduciary or equitable duties on our part or on the part of any of our affiliates. As a result, we or any of our affiliates involved in doing business with or for you may act as execution-only brokers and we or any of our affiliates may do business with other clients and other investors whether for our own or such affiliate’s own account. 4.8.4 You accept that we and our Affiliates may either: 4.8.4.1 have interests which conflict with your interest’s, or 4.8.4.2 owe duties which conflict with duties which would otherwise be owed to you, and in either case; or 4.8.4.3 you consent to our acting in any manner which we consider appropriate in such cases subject to Applicable Regulations.

  • Organizational Conflicts of Interest (a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work under this contract and a contractor's organizational, financial, contractual or other interests are such that: (i) Award of the contract may result in an unfair competitive advantage; or (ii) The Contractor's objectivity in performing the contract work may be impaired. (b) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any task/delivery order under the contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The HA may, however, terminate the contract or task/delivery order for the convenience of the HA if it would be in the best interest shall be final and conclusive. of the HA. (d) Provided the Contractor has (i) given the notice within the (c) In the event the Contractor was aware of an organizational time stated in paragraph (c) above, and (ii) excepted its claim relating to such decision from the final release, and (iii) brought suit against the HA not later than one year after receipt of final payment, or if final payment has not been made, not later than one year after the Contractor has had a reasonable time to respond to a written request by the HA that it submit a final voucher and release, whichever is earlier, then the HA's decision shall not be final or conclusive, but the dispute shall be determined on the merits by a court of competent jurisdiction. (e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the HA.

  • Certain Conflicts of Interest Except as may be provided herein or as otherwise addressed by the Company’s conflicts of interest policies, the Company may not engage in any transaction involving a Conflict of Interest without first submitting such transaction to the Independent Representative for approval to determine whether such transaction is fair and reasonable to the Company and the Members; provided, however, that the Company may not purchase investments from Fundrise Lending, LLC, or its Affiliates without a determination by the Independent Representative that such transaction is fair and reasonable to the Company and at a price to the Company that is not materially greater than the cost of the asset to Fundrise Lending, LLC, or its Affiliate, as applicable. The resolution of any Conflict of Interest approved by the Independent Representative shall be conclusively deemed to be fair and reasonable to the Company and the Members and not a breach of any duty hereunder at law, in equity or otherwise. Notwithstanding the above, to the extent required by applicable law, any transaction involving certain Conflicts of Interest shall be subject to review and approval by the Independent Representative.

  • Potential Conflicts of Interest Except as set forth in Section 3.21 of the Company Disclosure Schedule, neither any present or, to the knowledge of the Company or any Subsidiary, former director, officer, employee with a salary in excess of $60,000, or stockholder of the Company or any Subsidiary who beneficially owns more than 5% of the capital stock of the Company or any Subsidiary, nor any Affiliate of such director, officer, employee or stockholder: (a) owns, directly or indirectly, any interest in (except for holdings in securities that are listed on a national securities exchange, quoted on a national automated quotation system or regularly traded in the over-the-counter market, where such holdings are not in excess of two percent (2%) of the outstanding class of such securities and are held solely for investment purposes), or is a stockholder, partner, other holder of equity interests, director, officer, employee, consultant or agent of, any Person that is a competitor, lessor, lessee or customer of, or supplier of goods or services to, the Company or any Subsidiary, except where the value to such individual of any such arrangement with the Company or any Subsidiary has been less than $60,000 in the last twelve (12) months; (b) owns, directly or indirectly, in whole or in part, any Assets with a fair market value of $60,000 or more which the Company or any Subsidiary currently uses in its business; (c) has any cause of action or other suit, action or claim whatsoever against, or owes any amount to, the Company or any Subsidiary, except for claims arising in the Ordinary Course of Business from any such Person's service to the Company or any Subsidiary as a director, officer or employee; (d) has sold or leased to, or purchased or leased from, the Company or any Subsidiary any Assets for consideration in excess of $60,000 in the aggregate since January 1, 1995; (e) is a party to any Agreement pursuant to which the Company or any Subsidiary provides office space to any such Person, or provides services of any nature to any such Person, other than in the Ordinary Course of Business in connection with the employment of such Person by the Company or any Subsidiary; or (f) has, since January 1, 1995, engaged in any other material transaction with the Company or any Subsidiary involving in excess of $60,000, other than (i) in the Ordinary Course of Business in connection with the employment of such Person by the Company or any Subsidiary, and (ii) dividends, distributions and stock issuances to all common and preferred stockholders (as applicable) on a pro rata basis.

  • No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor’s provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency’s decision.