Higher Valuation Sample Clauses

Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said trucker, etc. the Company must receive specific written instructions from the Customer to pay such higher charge based on valuation and the truckers etc., must accept such higher declared value; otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers etc., subject to the limit of liability set forth herein in paragraphs 10 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
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Higher Valuation. In addition to the limitations on the liability set forth in this Agreement, the liability of service providers for loss of or damage to the Goods is limited to a specified amount unless a higher value is declared and a charge based on such higher value is agreed to in writing by such service provider, in its sole and absolute discretion. Absent such written agreement between the Shipper and such service provider, Forwarder will not declare a higher value or pay a higher charge and the Goods will be delivered to such service provider subject to the limitations of liability set forth in this Agreement.
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Higher Valuation. Inasmuch as truckers, carriers, warehousemen, and other third parties to whom Goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said third party, GAC must receive specific written instructions from the Customer to pay such higher charge based on valuation and the third party must accept such higher declared value; otherwise, the valuation place by the Customer on the Goods shall be considered solely for export or customs purposes and the Goods will be delivered / tendered to the third party subject to the terms of the third party’s limitations of liability and/or these Standard Terms and Conditions of Service.
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Higher Valuation. The Company and the Borrower agree that the Borrower shall have no obligation to increase the Loan principal and interest, or to compensate the Company, the ESOP participants, or any other Person, if the value of the Common Stock on December 31, 2005, is determined by the independent appraiser to be equal to or greater than U.S. $69.44.
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Higher Valuation. The Customer acknowledges that truckers, carriers, warehousemen, and to whom the Goods are entrusted (hereinafter “Entrustees”) generally establish limits on their liability for loss or damage to the Goods unless a higher value is declared, the Entrustee accepts such higher value, and an additional charges is paid to the Entrustee in consideration of its acceptance of increased liability with respect to the Goods. The Customer agrees that the Company is not responsible for requesting or obtaining such increased limit for any Entrustee until and unless (i) the Company receives specific written instructions from the Customer to pay such higher charge based on the valuation of the Goods and (ii) the Entrustee accepts such higher declared value. If either on or both of items (i) and (ii) of the immediate preceding sentence does not occur, the valuation placed by the Customer on the Goods shall be considered solely for export or customs purposes and the Goods will be delivered to the Entrustee subject to the limitations of liability set forth in paragraph 8 to 10 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
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Related to Higher Valuation

  • Annual Valuation The Trust shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Agency a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the fund. The failure of the Grantor or the Agency to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Agency shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

  • Customs Valuation The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of GATT 1994 and the Customs Valuation Agreement.

  • Portfolio Valuation and Diversification Etc 113118 SECTION 5.13. Calculation of Borrowing Base 118124 ARTICLE VI NEGATIVE COVENANTS 130136 SECTION 6.01. Indebtedness 130136 SECTION 6.02. Liens 132139 SECTION 6.03. Fundamental Changes and Dispositions of Assets 134140 SECTION 6.04. Investments 136143 SECTION 6.05. Restricted Payments 138144 SECTION 6.06. Certain Restrictions on Significant Subsidiaries 139145 SECTION 6.07. Certain Financial Covenants 139146 SECTION 6.08. Transactions with Affiliates 140146 SECTION 6.09. Lines of Business 140147 SECTION 6.10. No Further Negative Pledge 140147 SECTION 6.11. Modifications of Certain Documents 141147 SECTION 6.12. Payments of Other Indebtedness 141148 ARTICLE VII EVENTS OF DEFAULT 142149 SECTION 7.01. Events of Default 142149 ARTICLE VIII THE ADMINISTRATIVE AGENT 146153 SECTION 8.01. The Administrative Agent 146153 SECTION 8.02. Certain ERISA Matters 149156 SECTION 8.03. Erroneous Payments. 151157 ARTICLE IX MISCELLANEOUS 153160 SECTION 9.01. Notices; Electronic Communications 153160 SECTION 9.02. Waivers; Amendments 155161 SECTION 9.03. Expenses; Indemnity; Damage Waiver 158164 SECTION 9.04. Successors and Assigns 160167 SECTION 9.05. Survival 164171 SECTION 9.06. Counterparts; Integration; Effectiveness; Electronic Execution 164171 SECTION 9.07. Severability 165172 SECTION 9.08. Right of Setoff 165172

  • Fund Valuation and Financial Reporting Services (1) Account for Fund share purchases, sales, exchanges, transfers, dividend reinvestments, and other Fund share activity as reported by the Fund’s transfer agent on a timely basis. (2) Apply equalization accounting as directed by the Fund. (3) Determine net investment income (earnings) for the Fund as of each valuation date. Account for periodic distributions of earnings to shareholders and maintain undistributed net investment income balances as of each valuation date. (4) Maintain a general ledger and other accounts, books, and financial records for the Fund in the form as agreed upon. (5) Determine the net asset value of the Fund according to the accounting policies and procedures set forth in the Fund’s current prospectus. (6) Calculate per share net asset value, per share net earnings, and other per share amounts reflective of Fund operations at such time as required by the nature and characteristics of the Fund. (7) Communicate to the Fund, at an agreed upon time, the per share net asset value for each valuation date. (8) Prepare monthly reports that document the adequacy of accounting detail to support month-end ledger balances. (9) Prepare monthly security transactions listings.