Fiduciary Relationships. Trend Micro is not an agent, fiduciary, trustee, or other representative of the Subscriber and the relationship between Trend Micro and the Subscriber is not that of an agent and a principal. Trend Micro makes no representation to the contrary, either explicitly, implicitly, by appearance or otherwise. The Subscriber has no authority to bind Trend Micro by contract or otherwise, to any obligation.
Fiduciary Relationships. Purchaser shall perform all of the fiduciary relationships of Seller arising out of any retirement accounts included within the Deposits, and with respect to such accounts, Purchaser shall assume all of the obligations and duties of Seller as fiduciary and succeed to all such fiduciary relationships of Seller as fully and to the same extent as if Purchaser had originally acquired, incurred or entered into such fiduciary relationship; provided that Purchaser is not hereby assuming any liability for any breach of fiduciary duty that occurs prior to the Closing.
Fiduciary Relationships. Purchaser agrees to assume all of the fiduciary relationships of Seller arising out of any XXX deposits assumed by Purchaser pursuant to Section 2.3 hereof, to the same extent as if Purchaser had originally acquired, incurred or entered into such fiduciary relationships. Notwithstanding anything in this Agreement to the contrary, however, Purchaser will not assume or be responsible for any act or failure to act of Seller in connection with such XXX deposits prior to the Closing Date.
Fiduciary Relationships. From and after the Closing Date, Purchaser shall perform all of the fiduciary relationships of Seller arising out of or in relation to any retirement accounts included within the Deposits and purchased Excluded Deposits, and with respect to such accounts, Purchaser shall assume all of the obligations and duties of Seller as fiduciary and succeed to all such fiduciary relationships of Seller as fully and to the same extent as if Purchaser had originally acquired, incurred or entered into such fiduciary relationship. Notwithstanding the foregoing, Purchaser shall not be deemed to have assumed any responsibility or liability with respect to any breach by Seller of any such fiduciary duty occurring on or before the Closing Date.
Fiduciary Relationships. Purchaser agrees to assume all of the fiduciary relationships of Seller arising out of any IRA deposits assumed by Purchaser pxxxuant to Section 2.4 hereof, to the same extent as if Purchaser had originally acquired, incurred or entered into such fiduciary relationships. Notwithstanding anything in this Agreement to the contrary, however, Purchaser will not assume or be responsible for any act or failure to act of Seller in connection with such IRA deposits prior to the Closing Dxxx.
Fiduciary Relationships. All assets, rights and interests of Seller relating to the Branch Offices in respect of Fiduciary Relationships related to Deposits in respect of ESAs, IRAs and Xxxxx Accounts included in the Assets pursuant to Section 7.4.
Fiduciary Relationships the Manager may engage any parent or subsidiary corporation or any persons, firm or corporation associated, affiliate or otherwise connected with it (hereinafter called the “affiliate”) to perform any work or services for the Corporation within the scope of Managers duties under the provisions of this Agreement without being in breach of any fiduciary relationship with the Corporation, provided the Manager discloses to the Corporation that it intends to engage an affiliate and the Manager has obtained at least two additional quotations from other competent suppliers or contractors who are not affiliates of the Manager and the Board has approved the work or service to be performed by the Managers affiliate.
Fiduciary Relationships. Entrust is not an agent, fiduciary, trustee, or other representative of the Subscriber and the relationship between Entrust and the Subscriber is not that of an agent and a principal. Entrust makes no representation to the contrary, either explicitly, implicitly, by appearance or otherwise. The Subscriber has no authority to bind Entrust by contract or otherwise, to any obligation.
Fiduciary Relationships. As part of the assignment of Deposits contemplated herein, Seller will assign to Purchaser, and Purchaser will assume from Seller, all Individual Retirement Account ("IRA") xnd Defined Contribution Plan (Keogx xx Corporate) Deposits maintained at the Branch Office at Closing, together with all fiduciary relationships, obligations, and duties of Seller arising therefrom. Seller, in its capacity as Trustee of the IRA xxx Keogx Xxxosits-being assumed by Purchaser hereunder, shall to the extent legally permissible resign as Trustee and appoint and designate Purchaser as Successor Trustee of such Deposits, effective as of Closing, and Purchaser shall accept such appointment and designation.
Fiduciary Relationships. Pursuant to the terms of the Transfer --------- ------------- Agreement attached hereto as Exhibit C, Buyer agrees to assume any fiduciary relationships of Seller arising out of any Retirement Accounts assumed by Buyer under Section 2.2 hereof, and with respect to such accounts, Buyer shall assume any obligations and duties of Seller as fiduciary and succeed to any such fiduciary relationships of Seller as fully and to the same extent as if Buyer had originally acquired, incurred, or entered into such fiduciary relationships. Notwithstanding anything in this Agreement to the contrary, however, Buyer will not assume or be responsible for any act or failure to act of Seller in connection with such Retirement Account prior to the Closing Date, and Seller shall indemnify Buyer for any and all liability resulting from Seller's action prior to the Closing Date. Buyer shall cause its personnel to provide assistance to Seller in Seller's investigation of all matters relating to the Branch Offices, provided, however, that Seller's investigation shall be conducted in a manner which does not unreasonably interfere with Buyer's normal operations, customers, and employee relations.
