Services of the Manager. The Manager represents and warrants that it is registered as an investment adviser under the Investment Advisers Act of 1940 and will maintain such registration for so long as required by applicable law. Subject to the general supervision of the Board of Directors of the Fund, the Manager shall provide the following advisory, management, and other services with respect to the Series:
Services of the Manager. Subject to the supervision of the Board of Trustees, the Manager shall provide the following management services with respect to the Portfolios:
Services of the Manager. The Manager hereby agrees during the term of this engagement to manage all aspects of the business of the Company in order to build, maintain, operate and improve the world’s first and largest human health database that is owned by its community (the “Database”). The Database will be comprised of Member Data. The Manager will manage the Company with the goals to (i) create and maintain a community-owned genomic and phenotypic Database that is designed to solve humankind’s most important medical challenges, consistent the Manager’s public benefit, (ii) make the Database dynamic, secure, and longitudinal, (iii) promote a supporting ecosystem for the Database, and (iv) generate revenue from which to make distributions to Members. The Manager shall have the sole discretion as to the emphasis to be placed upon each of these goals. The services of the Manager (the “Services”) will include, to the extent necessary or appropriate for the above purposes, the exercise of all powers of the Manager set forth in Section 4.1
Services of the Manager. Throughout the Term of this Agreement, the services to be performed by the Company include the strategic, operational and financial management of Thermo as well as any and all actions made by an officer and/or director (or other authorized or delegated individual or governing body) of Thermo in the ordinary course of business.
Services of the Manager. Unless otherwise specified in the Confirmation relevant to a Transaction, the Manager and/or it agents and representatives shall: (a) cause the Goods to be shipped to the Purchaser in accordance with the Purchase Order relevant to such Transaction and bear all costs, including any shipping costs and messenger expenses and legal costs, incidental to such Transaction as may be required by the terms of the relevant Purchase Order; (b) indemnify and hold EPK and its assigns harmless from and against (i) any loss caused by the failure of (A) the Vendor or any shipper to timely deliver Goods which conform to the requirements of the Vendor Pro Forma Invoice, the Purchase Order and applicable law, or (B) the Manager to truthfully represent the Purchaser's credit information or the terms and method of payments in the transaction as contemplated in Section 3.1, ( ii) any claim of or liability to any Person arising out of the Transaction, including without limitation any claim of or liability to the Purchaser or any other Person in respect of the Goods , and (iii) any Taxes due in connection with such Transaction; provided, however, that notwithstanding anything to the contrary in this Agreement, the Manager shall not have any obligation to indemnify or hold EPK or any of its assigns harmless from any losses, claims, damages, liabilities or related expenses to the extent they are found by a court of competent jurisdiction to have resulted from the bad faith, willful misconduct or gross negligence of such indemnified person; (c) be responsible for performing all customary administrative and ministerial tasks relating to the collection of such invoices to the Purchaser; provided, however, that the foregoing shall in no way limit EPK's right at any time and from time to time (if the accounts receivable generated from such invoices are not factored pursuant to the Factoring Agreement and EPK reasonably believes itself to be insecure) to collect amounts owing under such invoices directly; and provided, further, that the foregoing shall not constitute a guaranty by Manager of the payment or collection of such invoices; (d) to pay for and do all things reasonably necessary to maintain (in all material respects) all warranty, service and/or other post delivery obligations with Purchaser as required by the terms of the relevant Purchase Order; and (e) not perform any action which could result in reduced or non-payment by Purchaser.
Services of the Manager. 1. The Manager agrees to render such advice, guidance, counsel, direction and other services as the Artist may reasonably require to further the Artist's career as a musician, composer, recording and performing artist, and to develop new and different areas within which the Artist's artistic talents can be developed and exploited, including but not limited to the following services:
Services of the Manager. The Manager hereby agrees during the term of this engagement to manage all aspects of the business of the Company in order to build, maintain, operate and improve the market research database that is owned by its community (the “Database”). The Database will be comprised of Member Data. The Manager will manage the Company with the goals to (i) create and maintain a community-owned market research Database that is designed to provide insights into consumer attitudes and behavior, consistent with the Manager’s public benefit, (ii) make the Database dynamic, secure, and longitudinal, (iii) promote a supporting ecosystem for the Database, and (iv) generate revenue from which to make distributions to Members. The Manager shall have the sole discretion as to the emphasis to be placed upon each of these goals. The services of the Manager (the “Services”) will include, to the extent necessary or appropriate for the above purposes, the exercise of all powers of the Manager set forth in Section 4.1 of the Operating Agreement.
Services of the Manager. Subject to Article 4 and Section 10.6, and subject to the provisions of the Act, the Manager shall have the full power and authority to administer, manage and control the matters enumerated in the Management Agreement until the termination thereof and to do or cause to be done any act, take or cause to be taken any proceeding, make or cause to be made any decision and execute and deliver or cause to be executed and delivered any instrument, deed, agreement or document necessary, appropriate or incidental thereto. No person dealing with the Fund is required to enquire into the authority of the Manager to do any act, take any proceeding, make any decision or execute and deliver any instrument, deed, agreement or document for or on behalf of or in the name of the Fund. The Manager may execute any document or instrument under seal or without a seal as it deems appropriate notwithstanding whether or not any document authorizing it to act on behalf of the Fund or any Unitholder was executed under seal. Other than as set out in the Management Agreement or as otherwise set out in this Agreement, the Manager shall not have any power or authority to act on behalf of the Fund.
Services of the Manager. Subject to any limitations imposed by applicable law or regulation, the Manager, by and through itself and/or such Manager’s successors, assigns, affiliates, officers, employees and/or representatives and third parties, shall render or cause to be rendered general business services to the Company as requested from time to time by the Company and agreed to by the Manager, which services may include certain payroll and benefits related activities, web services, accounting, intellectual property advisement and other related services (the “Services”). The Manager shall provide and devote to the performance of this Agreement such employees, affiliates and agents of the Manager as the Manager shall deem appropriate to the furnishing of the Services hereunder. The Manager will devote such time and efforts to the performance of the Services contemplated hereby as the Manager deems reasonably necessary or appropriate; provided, however, no minimum number of hours is required to be devoted by the Manager on a weekly, monthly, annual or other basis. Company acknowledges that the Manager’s Services are not exclusive to the Company or their respective subsidiaries and that the Manager may render similar Services to other persons and entities. The parties understand that the Company may at times engage one or more advisers to provide Services in addition to Services provided by the Manager under this Agreement.
Services of the Manager. (a) Subject to the other terms and provisions of this Agreement, the Manager shall be responsible for conducting and overseeing the business and financial affairs of the Trust and its affiliates pertaining to the ownership, management, operation, administration, promotion, maintenance, improvement and leasing of the Properties, and administration of its corporate functions including, but not limited to, the following:
