Updated Performance Information Sample Clauses

Updated Performance Information. At any time while Units continue to be offered and sold, at the written request of the Fund or the Manager, the Trading Advisor, at its own expense, shall promptly provide the Fund and the Manager with complete and accurate performance information (in form and substance consistent with Section 4.35 of the Commodity Regulations and the NFA Rules) reflecting the actual performance of the accounts directed by the Trading Advisor up to the latest practicable date (consistent with Section 4.35 of the Commodity Regulations) prior to the date of the Memorandum as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor.
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Updated Performance Information. At any time while Global Horizons Units continue to be offered and sold, at the written request of the Global Horizons Fund or the Manager, the Trading Advisor, at its own expense, shall promptly provide the Global Horizons Fund and the Manager with complete and accurate performance information (in form and substance consistent with Section 4.35 of the Commodity Regulations and the NFA Rules) reflecting the actual performance of the accounts directed by the Trading Advisor pursuant to the Program (as defined below) up to the latest practicable date (consistent with Section 4.35 of the Commodity Regulations) prior to the date of the Global Horizons Memorandum as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor. Notwithstanding anything to the contrary herein, the Trading Advisor shall not be required to provide such information more frequently than monthly.
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Updated Performance Information. While Units continue to be offered and sold, the Trading Advisor, at its own expense, shall promptly provide the Fund and the Manager with complete and accurate performance information on a monthly basis reflecting the actual performance of the accounts directed by the Trading Advisor up to the latest practicable date prior to the date of the Memorandum as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor, in such form as to allow the Fund and the Manager to comply with applicable Commodity Regulations and NFA Rules.
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Updated Performance Information. Provided that the Global Horizons Fund continues to be invested in the Company and at the written request of the Global Horizons Fund or the Manager, the Trading Advisor, at its own expense, shall promptly provide the Global Horizons Fund and the Manager with performance information (consistent with Section 4.35 of the Commodity Regulations and the NFA Rules) of the Program (as defined below) up to the latest practicable month end prior to the date of the Global Horizons Memorandum (as amended or supplemented), together with any independent audit reports of such performance data, and the Trading Advisor will use its best efforts to provide performance information that is complete and accurate.
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Updated Performance Information. At any time while Global Horizons Units continue to be offered and sold, at the written request of the Global Horizons Fund or the Manager, the Trading Advisor, at its own expense, shall promptly provide the Global Horizons Fund and the Manager with complete and accurate performance information (in form and substance consistent with Section 4.35 of the Commodity Regulations and the NFA Rules) reflecting the actual performance of the accounts directed by the Trading Advisor up to the latest practicable date (consistent with Section 4.35 of the Commodity Regulations) prior to the date of the Global Horizons Memorandum as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor; provided that the Manager reasonably believes such information to be necessary or advisable in connection with its preparation of the Global Horizons Memorandum or other required disclosures, reports or regulatory filings.
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Updated Performance Information. While the continuous offering ------------------------------- of the Units is in progress, at the written request of the Parent or the General Partner or as otherwise required under this Agreement in order for the Parent to prepare an amendment or supplement to the Prospectus pursuant to the 1933 Act, the Commodity Regulations and/or NFA Rules, the Trading Advisor, at its own expense, shall promptly provide the Parent and the General Partner with: (i) Performance summaries and other information reflecting the actual performance, on a monthly basis, of the accounts directed by the Trading Advisor up to the latest practicable date (consistent with Section 4.35(a) of the Commodity Regulations) prior to the date of the Prospectus as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor; and (ii) a letter from the Trading Advisor addressed to the Parent and in form and substance satisfactory to the Parent and its counsel, containing representations by the Trading Advisor that, except as otherwise disclosed in the performance data described in Section l(e)(i) and the explanations and footnotes thereto, the actual performance of all accounts directed by the Trading Advisor and its principals during the period of time covered by the performance data is reflected in such performance data in conformity with the requirements, if applicable, of the Commodity Futures Trading Commission Rules and National Futures Association Rules that such performance data and the explanations and footnotes thereto are fairly presented and are true, correct and complete in all material respects.
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Updated Performance Information. At any time while Units continue to be offered and sold, at the written request of the Fund or the Manager, the Trading Advisor, at its own expense, shall promptly provide the Fund and the Manager with complete and accurate performance information (in form and substance consistent with Section 4.35 of the Commodity Regulations and the NFA Rules) reflecting the actual performance of the accounts directed by the Trading Advisor pursuant to the Program (as defined below) up to the latest practicable date (consistent with Section 4.35 of the Commodity Regulations) prior to the date of the Memorandum as amended or supplemented, together with any reports or letters relating to such performance data received from accountants and in the possession of the Trading Advisor. Notwithstanding anything to the contrary herein, the Trading Advisor shall not be required to provide such information more frequently than monthly.
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Updated Performance Information. 3 f. Access to Books and Records............................. 4
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Related to Updated Performance Information

  • Historical Performance Information To the extent agreed upon by the parties, the Sub-Advisor will provide the Trust with historical performance information on similarly managed investment companies or for other accounts to be included in the Prospectus or for any other uses permitted by applicable law.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • Distribution and Pool Performance Information Item 1121(a) - Distribution and Pool Performance Information

  • Performance Reports None Specified

  • SYSTEM PERFORMANCE REQUIREMENTS Certain functions of the Platform are subject to the service level agreement described in the Agreement. The following additional terms apply to Electronic Communication Services (as defined below). Such terms control in the event of a conflict with the terms of the Agreement. 1. These terms apply only to NCR Voyix’s provision of electronic communication services, such as NCR Voyix Pulse Real Time Text Paging, certain NCR Voyix online ordering functionalities and NCR Voyix Consumer Marketing (collectively, “Communication Services”). The Communication Services may enable you to send communications to your patrons, end-users or other recipients (collectively, “Recipients”), including e-mails, text messages or other electronic messages (collectively, “Communications”). Communications may be routed through wireless or mobile carriers, internet service providers or other communication service providers (each, a “CSP”). 2. You are entirely responsible for your use of the Communication Services, including, but not limited to: (a) proper account setup and configuration settings; (b) obtaining consents or opt-ins from Recipients to receive Communications; (c) compliance with requests to opt-out or unsubscribe from Communications; (d) providing all required disclosures; and (e) use of valid phone numbers, e-mail addresses or other communications identifiers as appropriate for the particular type of Communication. You are responsible for compliance with (i) all laws, rules, regulations and ordinances (including, without limitation, the Telephone Consumer Protection Act, the Federal Trade Commission Act, and the CAN-SPAM Act) and (ii) all industry standards and CSP requirements and policies (including, without limitation, all “S.H.A.F.T” rules and similar standards), in each case, as applicable to your use of the Communication Services or the conduct of your business (collectively, “Applicable Legal Requirements”). You will not use the Communication Services in violation of Applicable Legal Requirements or to engage in any illegal or unethical activity. You are solely responsible for the content and accuracy of your Communications and any products or services offered for sale therein. You will not send any misleading, inaccurate, threatening, libelous, obscene, harassing, or offensive Communication. If NCR Voyix provides images or other materials as part of the Communication Services, you may only use them for your permitted use of the Communication Services. Further, you may not use any third-party or purchased e-mail list(s) in connection with the Communication Services. NCR Voyix may immediately suspend or terminate your use of the Communication Services if you breach any obligation under this Section. You agree to immediately report any violation of this Section to NCR Voyix and provide cooperation, as requested by NCR Voyix, to investigate and/or remedy that violation. You are responsible for any and all charges (including, but not limited to, fees associated with text or email messaging) imposed by your CSP. Message and data rates may apply. Such charges include those from your mobile carrier or other CSP. 3. Communications may not be encrypted, so you should use appropriate care when determining the content of any Communications. Delivery and receipt of Communications may be delayed or impacted by technical or other issues with CSPs or other third parties or due to other reasons outside of NCR Voyix’s control. NCR Voyix will not be liable for any losses or damages arising from the disclosure of any Communication to any third party or the non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, any Communication sent via the Communication Services. 4. You will indemnify, defend and hold harmless NCR Voyix and its affiliates, suppliers, agents and representatives against any and all claims, losses, costs, fines, fees, liabilities or obligations arising from: (a) your use of the Communication Services or the conduct of your business; or (b) your violation of Applicable Legal Requirements. The indemnified parties hereunder are intended third-party beneficiaries of this Section.