ERROR POLICY Sample Clauses

ERROR POLICY. The provisions of Section 2(d) of this Agreement shall be interpreted to mean that the benefit of profitable trading errors made by the CTA when trading on behalf of the Funds shall be awarded to the Funds, whereas the detriment of unprofitable trading errors made by the CTA when trading on behalf of the Funds must be borne by the CTA.
Sample 1Sample 2Sample 3See All (21)
ERROR POLICY. The provisions of Section 2(d) of this Agreement shall govern trading errors.
Sample 1Sample 2Sample 3See All (8)
ERROR POLICY. Liability for all Errors shall be calculated in accordance with the provisions of Section 2(d) of this Agreement.
Sample 1Sample 2Sample 3See All (6)
ERROR POLICY. When an error is discovered, the Trading Advisor will take action to correct the error to the extent possible and as soon as possible. If a broker makes an error, the Trading Advisor will request the broker to make the Company’s account whole. Trading errors not resolved by the broker, including errors made by the Trading Advisor, either to the benefit or detriment of the Company are borne by the Company. In accordance with the indemnification provisions in Section 14 of this Agreement, the Trading Advisor will be obligated to reimburse the Company for any trade error resulting from Trading Advisor’s gross negligence, material breach of this Agreement or material breach of any fiduciary obligation to the Company.
Sample 1Sample 2
ERROR POLICY. When an error is discovered, the Advisor will take action to correct the error to the extent possible and as soon as possible. If the Broker or executing broker makes an error, the Advisor will request the Broker or executing broker to make the Client whole. Trading errors not resolved by the Broker or executing broker, including errors by the Advisor, either to the benefit or detriment to the Client, are borne by the Client.
Sample 1
ERROR POLICY. The CTA shall inform the Trading Manager and the relevant Clearing Commodity Broker of trading errors to the extent required by the second sentence of Section 2(d)(iii) of this Agreement. The provisions of Section 2(d) of this Agreement shall be interpreted to mean that the benefit of all profitable trading errors and the detriment of all unprofitable trading errors made by the CTA when trading on behalf of the Fund shall be awarded to the Fund, except for the detriment of unprofitable trading errors made by the CTA that are subject to Section 2(d)(ii), which shall be borne by the CTA.
Sample 1
ERROR POLICY. LATITUDE is not responsible for unacceptable prints or scans, or work that occurs due to user error, gross negligence, or improper settings by DIY users. LATITUDE is not responsible for manufacturer defects in substrates provided through PaperStock, including but not limited to nicks, dings, dents, poor inkjet receptive coating, discoloration, or other physical defects. DIY Users are required to allow 24 hours of dry time when creating double sided prints and LATITUDE can not guarantee the results of double sided prints. Staff and Lab Assistants will be solely responsible for proper loading and unloading of substrates. Accurately selecting a substrate through PaperStock for DIY use is the responsibility of the DIY User thereby relieves LATITUDE of liability for DIY prints made on the wrong substrate. Feel free to ask a Staff Member/Lab Assistant to see our Paper Index if you would like to see examples of PaperStock substrates. During a reservation, prints and scans made on LATITUDE equipment are to be supervised by the DIY User. If errors occur when a DIY User steps away from their reserved equipment they run the risk of error or malfunction. LATITUDE is not responsible for any materials or media the DIY User produces during their reservation, including but not limited to their finished prints, artist originals, film, user supplied media or any personal belongings. LATITUDE is not responsible for any prints that print incorrectly due to gross negligence, improper settings, paper supply ending prior to a print’s completion, incomplete scans, or any scans performed on incorrect or otherwise undesirable settings. LATITUDE may be responsible for mechanical failures and back-end errors of its equipment and services, which include but are not limited to network errors, printhead failure, or paper jamming. LATITUDE and its Staff retain the final decision power to determine what constitutes a mechanical failure or back-end error. DIY Users are responsible for any equipment damage that results from gross negligence and LATITUDE reserves the right to bill DIY Users in the event of such damage. Gross negligence can include using a substrate that is not designed for inkjet printing including but not limited to: using a material without getting approval from staff and head strikes that damage the print head. DIY Users must provide their own materials, including but not limited to: external hard drives, media storage, digital card readers, substrate designed for inkjet ...
Sample 1
ERROR POLICY. LATITUDE is not responsible for unacceptable prints or scans, or work that occurs due to user error, gross negligence, or improper settings by DIY users. LATITUDE is not responsible for manufacturer defects in substrates provided through PaperStock, DIY Users are responsible for transporting and managing their digital files while at LATITUDE, therefore DIY Users are responsible for bringing their own digital storage media. LATITUDE is not responsible for digital media which DIY Users bring with them into LATITUDE, produce at LATITUDE, or leave at LATITUDE, unattended or otherwise.
Sample 1
ERROR POLICY. The provisions of Section 2(d) of this Agreement shall be interpreted to mean that the benefit of profitable trading errors made by the CTA when trading on behalf of the Funds shall be awarded to the Funds, whereas the detriment of unprofitable trading errors made by the CTA when trading on behalf of the Funds must be borne by the CTA. Dear Blenheim Capital Management, L.L.C.: Mxxxxx Sxxxxxx Xxxxx Bxxxxx BHM I, LLC (the “Trading Company”) and Ceres Managed Futures LLC, the Trading Company’s Trading Manager (the “Trading Manager”) do hereby make, constitute and appoint you as the Trading Company’s attorney-in-fact to buy and sell futures and forward contracts through such futures commission merchants as shall be agreed on by you and the Trading Manager on behalf of the Trading Company, pursuant to the trading program identified in the Agreement among the Trading Company, the Trading Manager and you as of the 1st day of March 2014, as amended or supplemented, and in accordance with the terms and conditions of said Agreement. The Trading Company and the Trading Manager hereby acknowledge that the Trading Advisor has filed a notice of exemption pursuant to CFTC Regulation 4.7 and represents to the Trading Advisor that the Trading Company is a Qualified Eligible Person (“QEP”) as such term is defined in CFTC Regulation 4.7. Accordingly, the Trading Company gives its consent that it be treated as a QEP and that its account be considered an exempt account under said §4.7. Therefore, without limitation, the Trading Company and the Trading Manager acknowledge the following: PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THE BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THE BROCHURE OR ACCOUNT DOCUMENT. This authorization shall terminate and be null, void and of no further effect simultaneously with the termination of the said Agreement. Very truly yours, by Ceres Managed Futures LLC, Trading Manager By Alper Daglioglu President and Director By Alper Daglioglu President and Director Managed Futures Premier BHM L.P. Meritage Futures Fund L.X. Xxxxxx ...
Sample 1

Related to ERROR POLICY

  • NAV Error Policy Definitions

  • R&W Policy (a) Purchaser has conditionally bound a representations and warranties insurance policy (the “R&W Policy”) pursuant to the binder agreement which was provided to Seller for review in advance of the Execution Date and which is attached hereto as Exhibit H (the “R&W Conditional Binder”). From and after the Execution Date, each Party shall use its commercially reasonable efforts to satisfy the conditions set forth in the R&W Conditional Binder as of the Closing Date. The R&W Policy shall contain: (i) a waiver of subrogation, contribution, or otherwise by the insurer in favor of the Seller Indemnified Parties, except against Seller or any “Seller” under the Other PSAs or with respect to such Seller’s or “Seller’s” (as applicable) actual and intentional fraud in the making of the representations and warranties set forth in Article 3 of this Agreement (or the corresponding article setting forth any “Seller’s” representations and warranties in any Other PSA, as applicable), it being understood that the fraud of one Seller or “Seller” (as applicable) shall not be imputed to any other Seller or “Seller” (as applicable); and (ii) a statement that each Seller Indemnified Party is an intended third party beneficiary of the foregoing subrogation limitation. (b) Seller and Purchaser shall each pay fifty percent (50%) of all costs of obtaining the R&W Policy, specifically the premium, surplus lines Taxes and fees, and any related broker compensation and underwriting fees; provided that Seller’s share of such costs shall be paid by Seller via the adjustment of the Cash Purchase Price pursuant to Section 2.3(n). (c) Purchaser agrees that after the Closing it will not agree to any amendment of the R&W Policy that would be expected to cause actual and material prejudice to Seller without Seller’s prior written consent. (d) Notwithstanding anything to the contrary in this Agreement, none of the Seller Indemnified Parties shall be entitled to any proceeds from the R&W Policy. Notwithstanding anything in this Section 5.18 or otherwise to the contrary, nothing herein shall be interpreted to limit Purchaser’s rights to make or pursue claims, or secure recovery under the R&W Policy, as Purchaser believes, in its sole discretion, to be in Purchaser’s interests.

  • Good Neighbor Policy CONTRACTOR shall establish a Good Neighbor Policy, 24 which shall be reviewed and approved by ADMINISTRATOR. The policy shall include, but not be 25 limited to, staff training to deal with neighbor complaints, staff contact information available to 26 neighboring residents and complaint procedures. CONTRACTOR shall also contact city management 27 in each city where Client services are provided to inform them of the nature of the services provided 28 under this Agreement. CONTRACTOR shall work collaboratively with city management to resolve any 29 concerns regarding community relations.

  • SPAM POLICY You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

  • Insurance Policy The Employer agrees to remit to the Union an amount to be applied toward the payment of a premium by the Union for an insurance policy which provides a defense attorney to represent all members of the bargaining unit when they are charged with a criminal act that results from events occurring while the bargaining unit member was acting in an official capacity. The maximum amount payable during the term of the Agreement shall be seven dollars ($7.00) per member per month.

  • TRANSFER POLICY Section 7 of this Agreement will not apply to Party A, who will be required to comply with, and will be bound by, the following: Without prejudice to Section 6(b)(ii) as amended in this Schedule, Party A may transfer all (but not part only) of its interests and obligations in and under this Agreement to any of its Affiliates or, with the prior written consent of Party B, such consent not to be unreasonably withheld, to any other entity (each such Affiliate or entity a "TRANSFEREE") upon providing five Business Days' prior written notice to the Note Trustee, provided that: (i) the Transferee's short-term, unsecured and unsubordinated debt obligations are then rated not less than "A-1+" by S&P, "Prime-1" by Moody's and "F1" by Fitch and its long-term, unsecured and unsubordinated debt obligations are then rated not less than "AA-" by S&P, "A1" by Moody's and "A+" by Fitch (or its equivalent by any substitute rating agency) or such Transferee's obligations under this Agreement are guaranteed by an entity whose short-term, unsecured and unsubordinated debt obligations are then rated not less than "A-1+" by S&P, "Prime-1" by Moody's and "F1" by Fitch and whose long-term, unsecured and unsubordinated debt obligations are then rated not less than "AA-" by S&P, "A1" by Moody's and "A+" by Fitch (or its equivalent by any substitute rating agency);

  • Policy Because the volume of human genomic and phenotypic data maintained in these repositories is substantial and, in some instances, potentially sensitive (e.g., data related to the presence or risk of developing particular diseases or conditions and information regarding family relationships or ancestry), data must be shared in a manner consistent with the research participants’ informed consent, and the confidentiality of the data and the privacy of participants must be protected. Access to human genomic data will be provided to research investigators who, along with their institutions, have certified their agreement with the expectations and terms of access detailed below. NIH expects that, through Data Access Request (DAR) process, approved users of controlled-access datasets recognize any restrictions on data use established by the Submitting Institutions through the Institutional Certification, and as stated on the dbGaP study page. Definitions of the underlined terminology in this document are found in section 13. The parties to this Agreement include: the Principal Investigator (PI) requesting access to the genomic study dataset (an “Approved User”), the PI’s home institution (the “Requester”) as represented by the Institutional Signing Official designated through the eRA Commons system, and the NIH. The effective date of this Agreement shall be the DAR Approval Date, as specified in the notification of approval of the Data Access Committee (DAC).

  • R&W Insurance Policy In the event Parent or any of its Affiliates obtains a representations and warranties insurance policy in respect of the representations and warranties contained in this Agreement or in any certificate or other instrument contemplated by or delivered in connection with this Agreement (such policy, a “R&W Insurance Policy”), then (a) the payment of the premium (inclusive of commissions, surplus lines or premium taxes) and underwriting fees required by the R&W Insurance Policy to be paid (the “R&W Policy Premium”) shall be paid by Parent at or following Closing in connection with the issuance of the R&W Insurance Policy, with fifty percent (50%) of the R&W Policy Premium being borne by the Company as a Transaction Expense, and, for the avoidance of doubt, any other costs incurred or due following the Effective Time relating to the R&W Insurance Policy shall be borne solely by Parent and its Affiliates (including the Surviving Company after the Mergers); (b) such R&W Insurance Policy shall not provide for any “seller retention” (as such phrase is commonly used in the representations and warranties insurance policy industry); (c) such R&W Insurance Policy shall expressly waive any claims of subrogation, contribution, assignment, or otherwise, against the Stockholder or its Affiliates (or any direct or indirect past or present shareholder, member, partner, stockholder, employee, director or officer (or the functional equivalent of any such position) of the Stockholder or its Affiliates) (except in the case of Fraud); (d) the Stockholder shall, and shall cause the Company to, use commercially reasonable efforts to cooperate with Parent and its Affiliates and provide assistance as reasonably required to obtain such R&W Insurance Policy prior to Closing and (e) the subrogation waiver described in clause (c) of this Section 6.10 may not be amended or otherwise modified in any manner adverse to the Stockholder or any of the other persons listed in clause (c) of this Section 6.10, without Stockholder’s prior written consent (which consent may be withheld in its sole discretion).

  • Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage (a) In the case of each Serviced Mortgage Loan or Serviced Loan Combination, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to cause the related Borrower to maintain (including identifying the extent to which a Borrower is maintaining insurance coverage and, if such Borrower does not so maintain, the Master Servicer will itself cause to be maintained with Qualified Insurers having the Required Claims-Paying Ratings) for the related Mortgaged Property (x) a fire and casualty extended coverage insurance policy, which does not provide for reduction due to depreciation, in an amount that is at least equal to the lesser of (i) the full replacement cost of improvements securing such Serviced Mortgage Loan or Serviced Loan Combination or (ii) the outstanding principal balance of such Serviced Mortgage Loan or Serviced Loan Combination, but, in any event, in an amount sufficient to avoid the application of any co-insurance clause and (y) all other insurance coverage (including but not limited to coverage for damage resulting from acts of terrorism) as is required or (subject to the Servicing Standard) that the lender is entitled to reasonably require, subject to applicable law, under the related Mortgage Loan Documents; provided that all of the following conditions and/or limitations shall apply: (A) the Master Servicer shall not be required to maintain any earthquake or environmental insurance policy on any Mortgaged Property securing a Serviced Mortgage Loan or Serviced Loan Combination unless such insurance policy was in effect at the time of the origination of such Serviced Mortgage Loan or Serviced Loan Combination pursuant to the terms of the related Mortgage Loan Documents and is available at commercially reasonable rates and the Trustee has an insurable interest; (B) if and to the extent that any Serviced Mortgage Loan or Serviced Loan Combination grants the lender thereunder any discretion (by way of consent, approval or otherwise) as to the insurance provider from whom the related Borrower is to obtain the requisite insurance coverage, the Master Servicer shall (to the extent consistent with the Servicing Standard) use efforts consistent with the Servicing Standard to cause the related Borrower to obtain the requisite insurance coverage from Qualified Insurers that, in each case, have the Required Claims-Paying Ratings at the time such insurance coverage is obtained; (C) the Master Servicer shall have no obligation beyond using its reasonable efforts consistent with the Servicing Standard to cause the Borrower under any Serviced Mortgage Loan to maintain the insurance required to be maintained or that the lender is entitled to reasonably require, subject to applicable law, under the related Mortgage Loan Documents; (D) in no event shall the Master Servicer be required to cause the Borrower under any Serviced Mortgage Loan to maintain, or itself obtain, insurance coverage that the Master Servicer has determined is either (i) not available at any rate or (ii) not available at commercially reasonable rates and the related hazards are not at the time commonly insured against at the then-available rates for properties similar to the related Mortgaged Property and located in or around the region in which the related Mortgaged Property is located;

  • Standard Hazard Insurance and Flood Insurance Policies (a) For each Loan, the Master Servicer shall enforce any obligation of the Servicers under the related Servicing Agreements to maintain or cause to be maintained standard fire and casualty insurance and, where applicable, flood insurance, all in accordance with the provisions of the related Servicing Agreements. It is understood and agreed that such insurance shall be with insurers meeting the eligibility requirements set forth in the applicable Servicing Agreement and that no earthquake or other additional insurance is to be required of any Mortgagor or to be maintained on property acquired in respect of a defaulted loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. (b) Pursuant to Section 3.23, any amounts collected by the Master Servicer, or by any Servicer, under any insurance policies (other than amounts to be applied to the restoration or repair of the property subject to the related Mortgage or released to the Mortgagor in accordance with the applicable Servicing Agreement) shall be deposited into the Distribution Account, subject to withdrawal pursuant to Section 3.24. Any cost incurred by the Master Servicer or any Servicer in maintaining any such insurance if the Mortgagor defaults in its obligation to do so shall be added to the amount owing under the Loan where the terms of the Loan so permit; provided, however, that the addition of any such cost shall not be taken into account for purposes of calculating the distributions to be made to Certificateholders and shall be recoverable by the Master Servicer or such Servicer pursuant to Section 3.24.