Client Declares Clause Samples

Client Declares. 6.1 Client agrees that MAGUSTA shall not have any liability or responsibility of whatsoever nature in respect of the Electronic Trading Services under any circumstances, unless the aforesaid is directly caused by the gross negligence or willful default of MAGUSTA, as the case may be, including but without limitation, (a) any failure or delay in transmission of information to and/or from Client’s telecommunication equipment; (b) any failure or delay in the processing of Client’s requests or Instructions and/or the returning of the responses to Client’s requests or Instructions executed using the electronic trading services; (c) any error or inaccuracy in such requests, responses, or generally such information or the transmission thereof; (d) any consequences arising from any cause beyond the reasonable control of MAGUSTA. 6.2 Client hereby declares and confirms that Client understands and agrees that, in addition to the terms and conditions applicable to and governing the use of the Electronic Trading Services, it is Client’s primary responsibility to immediately contact MAGUSTA through Client’s respective account executive or the hotline of the electronic services by telephone in the event that, (a) Client does not receive any response of whatsoever nature to any request or Instruction that Client has executed on any one or more of Client’s account(s) maintained with the same using the Electronic Trading Services within the designated time (as shall be specified by MAGUSTA from time to time) of the execution of such requests or Instructions to confirm the status of the related transactions; or (b) Client has received a confirmation (no matter by means of hard copies, electronic means or verbal confirmation) relating to any Instructions or request not given by Client; or such confirmation being inconsistent with the Instructions and/or request given by Client; or (c) Client becomes aware that the Password has been used by any person except the Client. In any event, MAGUSTA shall not be liable for Client’s failure in observing the aforesaid obligations and Client shall fully indemnify MAGUSTA in respect of any direct or indirect loss or cost of whatsoever nature that MAGUSTA may suffer or incur as a result thereof. 6.3 Client understands and acknowledges that MAGUSTA’s records on requests and Instructions actually received and responses actually sent by the same shall be binding, final and conclusive unless and until the contrary is judicially established. 6...
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Related to Client Declares

  • Enhanced Services One of the goals of EOHHS is to reduce barriers to care that exist in the fee-for-service delivery system. To accomplish this goal, the Contractor agrees to offer a schedule of enhanced services, as described below.

  • Data Access Services State Street agrees to make available to the Fund the Data Access Services subject to the terms and conditions of this Addendum and such data access operating standards and procedures as may be issued by State Street from time to time. The Fund shall be able to access the System to (i) originate electronic instructions to State Street in order to (a) effect the transfer or movement of cash or securities held under custody by State Street or (b) transmit accounting or other information (the transactions described in (i)(a) and (i)(b) above are referred to herein as “Client Originated Electronic Financial Instructions”), and (ii) access data for the purpose of reporting and analysis, which shall all be deemed to be Data Access Services for purposes of this Addendum.

  • System and Data Access Services a. System. Subject to the terms and conditions of this Addendum and solely for the purpose of providing access to Fund Data as set forth herein, State Street hereby agrees to provide the Fund, or certain third parties approved by State Street that serve as the Fund`s investment advisors, investment managers or fund accountants (the "Fund Accountants") or as the Fund`s independent auditors (the "Auditor"), with access to State Street`s Multicurrency HORIZONR Accounting System and the other information systems described in Attachment A (collectively, the "System") on a remote basis solely on the computer hardware, system software and telecommunication links described in Attachment B (the "Designated Configuration") or on any designated substitute or back-up equipment configuration consented to in writing by State Street, such consent not to be unreasonably withheld.

  • Cloud Services Unless otherwise stated in the Agreement or in the Order, Company grants Customer a limited, non-transferable, non-sublicenseable, non-exclusive, worldwide license to access and use the Number of Units of Cloud Services during the Term solely for internal business purposes in accordance with the applicable license restrictions stated in the Business Unit Terms, Order, and Documentation. Additional Cloud Service Terms are stated at ▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇.▇▇▇/#cloud-services, which are incorporated by reference.

  • Attachment A, Scope of Services The scope of services is amended as follows: