Others Miscellaneous Clause Samples
The "Others Miscellaneous" clause serves as a catch-all section in a contract, addressing various provisions that do not fit neatly into other specific categories. This clause may include terms related to notices, governing law, amendment procedures, or other administrative details that are essential for the contract's operation but are not covered elsewhere. Its core practical function is to ensure that all necessary legal and procedural matters are addressed, thereby preventing gaps or ambiguities in the agreement.
Others Miscellaneous. (I) The Settlor authorizes the Trustee to perform the following activities arising from the Settlor's investment in foreign stocks/ETFs at its own discretion, including but not limited to the distribution of cash dividends and stock dividends, issuance of new shares, warrants, reissuance of new shares, stock split, distributable remaining properties during the dissolution or declaration of bankruptcy in respect of a company and other relevant rights and interests in securities. The Trustee is not obliged to provide notice, and unless otherwise specified by laws/regulations, the Trustee is also not obliged to exercise the right of subscription of shares. The Settlor shall raise no objections on the disposal made by the Trustee. The Trustee shall deduct relevant transaction fees and taxes from any amount gained from such disposal and deposit the remaining amount into the foreign deposit account of the Settlor. The Settlor also authorizes the Trustee to fulfill the obligations for relevant disclosure and performance according to domestic and foreign securities-related laws/regulations.
(II) When the Settlor who invests in the foreign stock/ETF may choose to receive cash or stock distribution or other kind of profit distribution, the Settlor authorizes the Trustee to handle such matters according to the following method. If the investor chooses to receive cash distribution, then the cash distribution shall be performed in a prioritized way. If the option of cash distribution is unavailable, then the Settlor may authorize the Trustee to choose the distribution method according to its reasonable judgment.
(III) The Trustee is not obliged to inform the Settlor of the power of attorney in respect of the shares or the exercise of the voting rights, and the Trustee has no obligation to inform the Settlor about any documents relating to such matters. Unless otherwise prescribed by laws/regulations, the Trustee is not obliged to exercise the voting right for the foreign stocks/ETF invested in by the Settlor.
(IV) Regarding the distribution of stocks/ETF dividends, the Settlor agrees that after the Trustee actually receives the stocks/ETF dividends, the following day of the common business day for the Trustee and the exchange of such product shall be the transaction date on which such stocks/ETFs are sold in the public market and converted into cash. The redemption order shall be market price order or limit price order with the close price of last transaction date as p...
Others Miscellaneous. (a) Clause headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation or construction of this agreement or of any clause.
(b) The Agreement cannot be assigned (nor any duties hereunder be delegated) by you without the express written consent of Financepeer. Provided that Financepeer may assign this Agreement to any parent, subsidiary or affiliated entity, or any entity which acquires all or substantially all of its assets or business and shall provide you with ten (10) days written notice of such assignment. Any purported assignment not permitted hereunder shall be void.
(c) Notwithstanding the provisions contained herein, no liability shall attach to any Party including third parties, in the event of its failure to observe the terms hereof, if such failure is caused by reasons of, or on account of, or in consequence of any act of God or act of Government, plague, famine, epidemic, fire, storm, floods, war, mutiny, riot, civil commotion, disturbances, power supply disruption, union action, union strikes, extraordinary failure of equipment, port congestion, Government statute or imposition, road blockage accident of vehicle carrying the materials, transporters’ strike or any other cause whatsoever beyond the reasonable control of the concerned Party, which would make performance commercially impracticable, whether or not the contingency is of the same class as those listed above.
(d) No failure or delay by the Parties in exercising any right or remedy provided by applicable law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of such or any other right or remedy.
(e) If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
(f) This Agreement, read with the terms and conditions, as notified by Financepeer from time to time, constitutes the entire agreement between the Parties on the subject matter hereof and supersedes all previous negotiations, commitments, writings and representations, written or oral thereto.
(g) Financepeer reserves...
Others Miscellaneous. (I) The Trustee cannot accept trust from Japan citizen, Japan residents and Japan tax residents for subscription of Japan foreign bonds and the foreign bonds which source of income is Japan. Where the Settlor fails to perform the aforementioned obligation of notice, the Trustee may inform the Settlor to terminate these Terms and Conditions, and may compulsorily redeem all or part of the investment products held by the Settlor. The Settlor agrees to compensate any related taxes, loss, and expense.
Others Miscellaneous. MaxSpread – Default is -1, which means the robot will choose the best MaxSpread based on the broker. But you can also explicitly define the maximum spread at which you would like BTC FAPTURBO2 to trade. For BTCUSD, it’s advantageous to stay within a MaxSpread of $10 (that’s 1000 pips). However, if you wish to experiment with this setting, then you could increase it further for the Medium-Term Strategy, but it is not recommended to do so for the Scalper mode. MTS/Scalp ExpertComment & MagicNumber – Just like FAPTv2.2 Premium, BTCv2.2 will automatically add the required corresponding suffix (MTS or Scalp) to the default ExpertComment ‘BTCPrem2.2’, based on which mode you are running. E.g., for MTS mode, the ExpertComment will become BTCPrem2.2MTS and for the Scalper, it will be BTCPrem2.2Scalp. This will help you to be able to differentiate MTS trades from the Scalper ones (to see the ExpertComment and MagicNumber of a trade, simply hover your mouse over that order listed in the Trades tab or right-click the header and select Comments) Similarly for the MagicNumber (this helps the robot to identify its own trades from other robots), BTCv2.2 will automatically increment the MTScalp_MagicNumber if you are running in Scalper mode. For e.g., if the MTS MagicNumber is 20140901, then the Scalper’s MagicNumber will be 20140902. If you ever need to confirm the MagicNumber being used by the robot in a particular mode on a certain chart, just set WriteDebugLog to true and you will find this additional detail on the chart as shown below: To activate Scalper Strategy you should set UseMediumTermStrategy = FALSE parameter in BTC FAPTURBO2’s settings. Everything else in this mode is very similar to the parameters in the MTS mode, so they will not be explained further here. For a detailed explanation of each parameter, please be sure to read the main FAPT2 Premium manual once again.