Operation of the Service Clause Samples
Operation of the Service. 4.1 Seneca Partners will provide the Service, and the Agreement will commence, with effect from the date being 14 days after acceptance of your Application Form.
4.2 In providing the Service, we will (normally acting as your agent) have complete discretion to exercise powers in relation to the selection of, or exercising rights relating to, investments to be made or which have been made on your behalf via the Service (the “Investments”). This discretion shall include, without limitation, the exercise of all conversion, subscription, voting and other rights such as may arise in respect of the Investments and any decision to sell, redeem or otherwise realise all or any part of the Investments on your behalf.
4.3 We have engaged the Custodian to provide administration and safe custody services in relation to the Investments and cash received by way of Subscriptions or otherwise.
4.4 Except as expressly provided in the Agreement (or unless otherwise authorised), Seneca Partners shall not have any authority to act on your behalf or to act as your agent.
4.5 In providing the Service, we will also arrange transactions in relation to the Investments and we have agreed to undertake various responsibilities such as sourcing potential Investments, conducting due diligence, monitoring performance and arranging appropriate exits. We have appointed an Investment Committee who shall maintain oversight in relation to such matters and details of those persons who form this committee upon your acceptance into the Service are set out in the Information Memorandum.
4.6 Unless we (in our absolute discretion) determine otherwise, we will not sell or otherwise realise your Investments unless: (a) the Service terminates in accordance with paragraph 15; (b) we have received a request from you or your personal representatives to withdraw all or part of your Investment Amount in accordance with paragraph 14 and Section 3; or (c) we reasonably believe that such Investments no longer qualify for BR. By entering into the Agreement, you acknowledge that your Investments may not be easily realisable and therefore it could be difficult, or not possible, to realise them.
4.7 You agree that we may decide that another person (which is appropriately authorised by the FCA) should succeed Seneca Partners as the Portfolio Manager. In such event, Seneca Partners shall notify you in writing of the date on which the change in the Portfolio Manager is to take effect and details of the new Portfolio ...
Operation of the Service. You must tell us(in a form that into your accounts. Details regarding the functionality of the ARP is acceptable to us)which ARP service you desire for each account that service and certain formatting and other technical requirements that you is included in your setup for the ARP service. Except as otherwise provided in these ARP terms and conditions or the ARP reference Page 9 of 61 TREASURY MANAGEMENT U dIG SUN i RUST TERMS AND CONDITIONS materials, all check, deposit or other information exchanged between us statement cutoff on our ARP calendar, the statement cycle will be in connection with the ARP service will be transmitted electronically in monthly with a cutoff at the end of the calendar month. the format we specify. Check, deposit and other information you send us must be received by us no later than the cutoff time for such 3.
Operation of the Service. (b) Each RIT service data file transmission will be transmitted through our Online File Transfer, or "OFT," service or Page 49 of 61 �I��� �U � S TREASURY MANAGEMENT li 1�1 RUST TERMS AND CONDITIONS through the transmission means we may otherwise make available from who has obtained access to your authorization codes. You represent time to time and that you select. Your OFT contact for the setup of a and warrant that you will maintain commercially reasonable security transmission must designate an authorized representative responsible procedures to prevent unauthorized access to or any misuse of the for receiving or retrieving your data file transmissions. information contained in the data file once you have receive the data file transmission. 3.
Operation of the Service. 4.1 Seneca Partners will provide the Service, and the Agreement will commence with effect from the date being 14 days after acceptance of your Application Form.
4.2 In providing the Service, we will (normally acting as your agent) have complete discretion to exercise powers in relation to the selection of, or exercising rights relating to, investments to be made or which have been made on your behalf via the Service (the “Investments”). This discretion shall include, without limitation, the exercise of all conversion, subscription, voting and other rights such as may arise in respect of the Investments and any decision to sell, redeem or otherwise realise all or any part of the Investments on your behalf.
4.3 We have engaged the Custodian to provide administration and safe custody services in relation to the Investments and cash received by way of Subscriptions or otherwise.
4.4 Except as expressly provided in the Agreement (or unless otherwise authorised), Seneca Partners shall not have any authority to act on your behalf or to act as your agent.
4.5 In providing the Service, we will also arrange transactions in relation to the Investments and we have agreed to undertake various responsibilities such as sourcing potential Investments, conducting due diligence, monitoring performance and arranging appropriate exits. We have appointed an Investment Committee who shall maintain oversight in relation to such matters and details of those persons who form this committee upon your acceptance into the Service are set out in the Information Memorandum.
Operation of the Service. 5.1 You shall:
(a) comply with all Applicable Laws with respect to your activities under this Agreement;
(b) provide us with all necessary co-operation in relation to this Agreement (including all necessary access to such information as we may require) in order to provide the Services, including but not limited to Customer Data and security access information;
(c) take all necessary steps to ensure that the ▇▇▇▇ is binding upon Authorised Users and is not overridden or negated. You agree to provide us on demand with details of how this is being done and will take such further steps as we may require to ensure that it is done. We will have no liability of any kind whatsoever to you or any third Party for any failure to ensure that any Authorised User is notified of and bound by the ▇▇▇▇ (including any amendments to the same);
(d) ensure that each Authorised User keeps a secure password for their use of the Services, and that each Authorised User keeps their password confidential and does not allow a third party to use the password;
(e) carry out all your other responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in your provision of such assistance as agreed by the Parties, we may adjust any agreed timetables as reasonably necessary;
(f) obtain and will maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform our obligations under this Agreement;
(g) ensure that the Customer Systems comply with the relevant specifications provided by us from time to time;
(h) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us; and
(i) be solely responsible for procuring and maintaining your network connections and telecommunications links from Customer Systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
5.2 You shall not:
(a) do (or omit to do) anything which may put us in breach of Applicable Laws; or
(b) access, store, distribute or transmit any Viruses or any Prohibited Content during the course of its use of the Services, and we reserve the right, without liability or prejudice to our other rights under this Agreement, to disable your access to any materi...
Operation of the Service. SEE Link represents and warrants that the design, development, acquisition, installation, testing, implementation, operation and maintenance of its Service, and its system supporting the Service, will not interfere with or adversely affect the equipment, software or operation of the Exchange's System, any of its component parts or processes, or any use thereof by other persons. The Exchange shall ensure that the Exchange’s System, and any software or hardware connected to the use of the Exchange’s System, is capable at all times of communicating with the System. Any variation by the Exchange from the specifications for the interface with the System is prohibited absent the prior written approval of SEE Link. If SEE ▇▇▇▇ decides to change the specifications for the interface with the System, it shall give the Exchange a written notice thereof at least three (3) months in advance. SEE Link shall be responsible for and shall bear all costs associated with the transmission, storage and distribution of the Exchange’s Data after receipt from the Exchange. SEE Link shall promptly and accurately transmit the Exchange’s Data to the Foreign Originating Brokers, in accordance with the terms of the Operational Rules.
Operation of the Service. We may at any time discontinue or terminate the operation of the Service, its features, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. Changing the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service. Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.
Operation of the Service. 3.1 HSBC shall perform the HSBC Obligations in accordance with the terms and conditions of this Agreement and the Service Guide subject to such other limitations as may be agreed between the Parties.
3.2 Each Party shall use its reasonable endeavours to:
3.2.1 perform its Obligations using reasonable care, skill, and diligence;
3.2.2 refrain from doing anything which might reasonably be expected to be capable of damaging the reputation or goodwill of the other Party, or (in the case of the Customer) the Network Provider, in relation to the Service; and
3.2.3 Each Party will take reasonable steps to perform its Obligations and operate the Service in a coordinated and collaborative manner.
Operation of the Service. The County has contracted with a Contractor for the operation and maintenance of the ART service and bus fleet. The City was a participant in the County’s most recent vendor selection, with the understanding that the Contract included an option, at the County’s discretion, to allow the Contractor to operate the ▇▇▇▇▇▇ bus service and maintain the ▇▇▇▇▇▇ buses for the City under the terms and conditions of the Contract. See Exhibit 1 for Contract between the County and the Contractor. The Contract will be amended upon execution of this Agreement to incorporate the ▇▇▇▇▇▇ service and the terms of this Agreement.
Operation of the Service. 12.1. To use the Service the Client must register and create an account.
12.2. During the registration process, C-MORE will request several personal information, including name and email address, as well as organisation details for the purposes of providing the Service, which will be handled in accordance with the terms of this Agreement and C-MORE's Privacy and Cookies Policy, available for consultation at privacy_policy.pdf.
12.3. The persons responsible to the CLIENT for communicating with C-MORE and sending any notices, notifications that should occur in the course of the Subscription, will be, unless otherwise specified at the time of Subscription, the Users with ADMIN privileges.