REDACTED Sample Clauses

REDACTED. It currently intends for one or more classes of shares (each, a "Class") to make payments to finance its distribution expenses, including service fees, pursuant to a plan ("Plan") adopted under rule 12b-1 under the 1940 Act ("Rule 12b-1"), although it may determine to discontinue such practice in the future. To the extent that any Class of the Trust finances its distribution expenses pursuant to a Plan adopted under rule 12b-1, the Trust undertakes to comply with any then current SEC interpretations concerning rule 12b-1 or any successor provisions.

REDACTED. Full name...............

REDACTED. The rights, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies and obligations, at law or in equity, which the parties to this Agreement are entitled to under state and federal laws.

REDACTED. The Processor shall comply with any further written instructions with respect to Processing by the Controller.

REDACTED. Neither party hereto shall be liable to the other for any failure, delay or interruption in the performance of any of the terms or conditions contained in this Agreement due to causes entirely beyond the control of that party, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods, riots or rebellion. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA. SAVE AS OTHERWISE PROVIDED HEREIN OR IN THE ADDENDA, THE PARTIES CONSENT AND SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE WITWATERSRAND LOCAL DIVISION OF THE HIGH COURT OF THE REPUBLIC OF SOUTH AFRICA FOR THE PURPOSE OF ALL OR ANY LEGAL PROCEEDINGS ARISING FROM OR CONCERNING THIS AGREEMENT. All notices which either party hereto is required or may desire to give the other herein shall be given by addressing the communication to the address set forth on the first page of this Agreement, and shall be given by certified or registered mail. The effective date of this Agreement shall be the date this Agreement is signed by i2 ("Agreement Date"). THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT, UNDERSTANDING AND REPRESENTATIONS, EXPRESSED OR IMPLIED, BETWEEN CUSTOMER AND i2 WITH RESPECT TO THE SYSTEM, CONSULTING AND MAINTENANCE TO BE FURNISHED HEREIN. THIS AGREEMENT SUPERSEDES ALL PRIOR COMMUNICATIONS BETWEEN THE PARTIES INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS WITH i2's SALES REPRESENTATIVES. IF ANY PORTION OF THIS AGREEMENT IS DETERMINED TO BE OR BECOMES UNENFORCEABLE OR ILLEGAL, SUCH PORTION SHALL BE DEEMED TO BE ELIMINATED AND THE REMAINDER OF THIS AGREEMENT SHALL REMAIN IN EFFECT IN ACCORDANCE WITH ITS TERMS AS MODIFIED BY SUCH DELETION. AGREEMENT VALID ONLY IF EXECUTED BY CUSTOMER BY: December 15, 1999. The prices specified in the Agreement assume acceptance by Customer of the terms and conditions set forth herein. Accepted: Accepted: i2 TECHNOLOGIES (Netherlands), B.V. UNION TRANSPORT INCORPORATED By: /s/ Jan Van den Broeck By: /s/ M.J. ▇▇▇▇▇▇▇ Authorized Signature Authorized Signature Title: European Controller Title: Chairman Date: 15 December 1999 Date: 15 December 1999 SOFTWARE LICENSE ADDENDUM A (CONTINUES ON NEXT PAGE) LICENSED SOFTWARE Customer Name: UNION TRANSPORT INCORPORATED 9 Columbus Centre Pelican Drive Road Town Tortola British Virgin Islands ATTACHED TO AND MADE PART OF THE SOFTWARE LICENSE AGREEMENT BE...

REDACTED. Each Account either: (i) has been registered or, prior to any issuance or sale of the Contracts, will be registered as a unit investment trust under the Investment Company Act of 1940 ("1940 Act"); or (ii) has not been so registered in proper reliance upon an exemption from registration under Section 3(c) of the 1940 Act; if the Account is exempt from registration as an investment company under Section 3(c) of the 1940 Act, you will use your best efforts to maintain such exemption and will notify us immediately upon having a reasonable basis for believing that such exemption no longer applies or might not apply in the future.

REDACTED. All of your directors, officers, employees, and other individuals or entities dealing with the money and/or securities of the Trust are and shall be at all times covered by a blanket fidelity bond or similar coverage, in an amount not less than $5 million. Such bond shall include coverage for larceny and embezzlement and shall be issued by a reputable bonding company. You agree to make all reasonable efforts to see that this bond or another bond containing such provisions is always in effect, and you agree to notify us in the event that such coverage no longer applies.

REDACTED. Full name ....... REDACTED................. Full name............ REDACTED.................

REDACTED. Notwithstanding anything to the contrary in any agreement under which ALPS is authorized, directly or indirectly, to perform for the Trust transfer agency, shareholder servicing agency, or related services, whether as principal, agent or sub-agent, ALPS is hereby authorized and instructed to accept or deposit into the Operating Accounts, (i) all checks and payments received by ALPS from National Securities Clearing Corporation (“NSCC”), an affiliate of DTCC (if NSCC’s services are utilized by the affected Trust), broker-dealers, intermediaries for shareholders or shareholders, and any other sums received by ALPS on behalf of the Client, for investment in Shares of the Trusts while such sums await their crediting to the Trusts and (ii) any amounts received from a custodian for any Trust for payment to an existing or former shareholder.