Administration of Services. Agent will provide the Association with efficient business and financial administration, supervision and/or oversight as required within the Agreement, and advisory services that are consistent within the best interests of the Association and standard industry portfolio management practice. Agent will use its best efforts to systematically respond to the requirements necessary to administer the Association and meet the obligations contained herein. Agent will establish its own internal methods and processes, and the Association agrees that it will not unreasonably interfere with Agent's discharge of its duties. When regarded as necessary in its professional opinion, Agent is authorized to consult with the Association’s legal counsel concerning the operation of the Association. Agent does not have the authority to provide and shall not be responsible for providing legal advice to the Association regarding the interpretation or application of law. Agent shall administer the Association's affairs in accordance with the provisions of policies adopted by the Board and this Agreement, except any changes by the Board that may have a material effect on the workload of Agent or its schedule shall have the concurrence of Agent’s President in writing. The Association acknowledges that, at its sole discretion, Agent may enhance its business practice by changing its business procedures from time to time. Such changes, however, will not materially change the service or level of service provided within the scope of this Agreement and shall not result in additional charges to the Association unless approved by the Board or unless such charges are the direct result of measures required to maintain the security of the Association’s funds or data, in which case Agent shall immediately advise the Board. In addition, Agent may engage in agreements with third parties to help subsidize, reduce, or eliminate costs normally incurred by the Association. These activities shall not be considered to be a conflict of interest or otherwise obligate Agent to take any action except as it may agree to with a third party or any Owner. Agent may utilize an online portal to ensure that third-party vendors engaged on behalf of the Association comply with Agent’s minimum standards of professionalism (“Associa Vendor Access”). Associa Vendor Access enables third- party vendors to self-manage their business information, including but not limited to W-9’s and insurance certificates. Associa Vendor...
Administration of Services. Compensation. In consideration for providing Services, Bank agrees to pay to Provider the annual base compensation of $505,000, adjusted from time to time as provided in Section 2.2 ("Base Compensation"). Such Base Compensation (as adjusted) shall remain in effect during the term of this Agreement so long as Bank keeps in place the same computer, electronic and other systems as in place on the date hereof, unless Provider otherwise agrees. The Base Compensation in effect for each year shall be paid in monthly installments as nearly equal in amount as possible by the 20th of each calendar month by check or credited to Provider's account at Bank. A late fee of 1-1/2% of any amount not paid within 10 days after first becoming due ("Past Due") shall be imposed and interest will be charged daily on all amounts which are Past Due at the rate of 1-1/2% plus the Prime Rate as established by Franklin Community Bank, N.A. from time to time which shall vary as and when such Prime Rate varies.
Administration of Services. Subscriber shall be solely responsible for the acts and omissions of Subscriber administrator users and any other user who accesses the Services with Subscriber account credentials. Globalscape shall not be liable for any loss of data or functionality caused directly or indirectly by the administrator Users. Globalscape may modify the Services with or without notice to Subscriber. Subscribers are responsible for assessing the suitability of each Service for Subscriber’s intended use. By using the Services, Subscriber accepts responsibility for use of the Services, and acknowledge that they meet Globalscape requirements and enable Globalscape’s compliance with applicable laws.
Administration of Services. (a) Piccadilly shall have reasonable access to all data, records, files, statements, invoices, xxxxxxxx and other information generated by or in the custody of Buyer relating to the Management Services provided pursuant to this Agreement, and other information reasonably requested by Piccadilly that is necessary or advisable to allow Piccadilly to perform the Management Services contemplated by this Agreement.
Administration of Services. FMS shall keep the appropriate officers and employees of MMR and other members of the MMR Group fully informed and shall cooperate with such officers and employees with respect to the performance of Services by FMS. Each member of the MMR Group shall have complete and full access to all data, records, files, statements, invoices, billings and other information generated by or in thx xxxxxxy of FMS relating to Services provided to such entity.
Administration of Services. FMS shall keep the appropriate officers and employees of MOXY and other members of the MOXY Group fully informed and shall cooperate with such officers and employees with respect to the performance of Services by FMS. Each member of the MOXY Group shall have complete and full access to all data, records, files, statements, invoices, billings and other information generated by or in thx xxxxxxy of FMS relating to Services provided to such entity.
Administration of Services. FMS shall keep the appropriate officers and employees of FMP and other members of the FMP Group fully informed and shall cooperate with such officers and employees with respect to the performance of Services by FMS. Each member of the FMP Group shall have complete and full access to all data, records, files, statements, invoices, xxxxxxxx and other information generated by or in the custody of FMS relating to Services provided to such entity.
Administration of Services. Subject to the terms hereof, CB will continue to offer the Company the Services, and shall provide the Services in a commercially reasonable manner, consistent with the past practices, and in compliance with all applicable laws, rules and regulations.
Administration of Services. Subscriber shall be solely responsible for the acts and omissions of Subscriber administrator users and any other user who accesses the Services with Subscriber account credentials. HelpSystems shall not be liable for any loss of data or functionality caused directly or indirectly by the administrator Users. HelpSystems may modify the Services with or without notice to Subscriber. Subscribers are responsible for assessing the suitability of each Service for Subscriber’s intended use. By using the Services, Subscriber accepts responsibility for use of the Services, and acknowledge that they meet HelpSystems requirements and enable HelpSystems’ compliance with applicable laws.
Administration of Services. The Buyer Representative and the Seller Representative shall meet from time to time to ensure that the level of Services to be provided by the Seller hereunder are being provided on a basis consistent with the past practice of the Seller relating to the Pressure Sensitive Business. In particular, the Buyer Representative and the Seller Representative will create a mutually satisfactory ordering procedure for maintenance and machine shop services to be provided pursuant to Section 3.2(c) above. From and after the Closing Date, if the Buyer's actual scope or volume demand for any type of Service exceeds the levels to be provided as described in Section 3.2, the Buyer may request an increase in the scope and/or volume of such Service. If such request is accepted by the Seller, which acceptance shall be subject to the Seller's then existing commitments to third parties and any constraints or restrictions on its personnel or resources that may, in the Seller's sole judgment, preclude its ability to provide the additional Service(s) requested, the Seller will provide such additional Service(s) to the Buyer. In the event that the Seller agrees to provide such additional Services, the fees payable pursuant to Section 3.2(c), shall be increased appropriately to reflect such increased level of effort. With respect to any additional maintenance services to be provided pursuant to Section 3.2(b), the $36.00 per hour charge shall apply to such additional Services. Notwithstanding the foregoing, nothing herein shall be construed to impose upon the Seller any obligation to provide any increased level of Service beyond the maximum scope and volume levels specified in Section 3.2 hereof.
