Allocation Method The Plan Administrator will allocate a Plan-Designated QNEC using the following method (Choose one of a., b., c., or d.):
Balance Computation Method For all dividend-bearing Accounts, dividends are calculated by the average daily balance method which applies a daily periodic rate to the average daily balance for the average daily balance calculation period. The average daily balance is determined by adding the full amount of the principal in Your Account for each day of the period and dividing that figure by the number of days in the period. Accrual on Noncash Deposits. For dividend-bearing Accounts, dividends will begin to accrue on the business day that You deposit noncash items (e.g. checks) into Your Account.
PayPal as Login Method We may allow you to authenticate with PayPal when you log into certain external websites or mobile apps. If we do so, we may share your login status with any third party enabling you to log in in this way, as well as the personal and other account information that you consent to being shared so that the third party can recognize you. PayPal will not give the third party access to your account and will only make payments from your account to that third party with your specific authorization and instruction. If you enable visitors to authenticate with PayPal when they log into your website, app, or your customer accounts, you must agree to any specific terms applicable when this functionality is made available to you, and comply with any specifications in any integration manual or guideline. We do not guarantee or otherwise represent the identity of any user of this login method. We will not share with you the personal and other account information of the user (including login status) held by PayPal unless the user has consented to our disclosure of that information to you. Corporate Customers When we refer to “PSD2” in this section we mean the Second EU Payment Services Directive ((EU)2015/2366). We consider you to be a “Corporate Customer” if, on the date you entered into this user agreement, you are not: • A consumer, (being an individual acting for purposes other than a trade, business or profession). • A micro-enterprise (being an enterprise which employs fewer than 10 persons and has an annual balance sheet that does not exceed 2 million EUR. We and you may agree that certain provisions of PSD2 (as implemented by local law) do not apply to your use of our service if you are a Corporate Customer. If you are a Corporate Customer you agree that: • You are not entitled to a refund for billing agreement payments. • Where you identify a problem you have up to 60 (sixty) days from the date on which the problem happened to notify us about it, after which time we have no obligation to investigate and refund you. • We are not obliged to comply with the information requirements set out in Title III of PSD2 and their equivalents in any implementation of PSD2 in member states of the European Economic Area that may apply to you (“PSD2 transpositions”). • Articles 72 and 89 of PSD2 and equivalent provisions in PSD2 transpositions do not apply to your use of our service, meaning that, even where we may say so otherwise in this user agreement, we are not liable to you for the losses or damage you may suffer under those articles and provisions. Section numbers and defined words
Construction Methods No four course of brick-work, with three joints, shall exceed in height, when built, one inch more than the same bricks piles upon one another without mortar. The bricks are to be well soaked in water before use on works, in proper through so as to be thoroughly wet when layed. The Cessation of the bubbles through the water is an irldication of saturation being complete. For ensuring thorough soaking of the bricks every one or two bricklayers or more as necessary, shall be provided with tubs for use The wall of structures shall be carried up regularly in all cases 1` when the nature of the work will admit of it not leaving any part 915mm (3 feet) lower than another. Horizontal courses shalI be straight, level and even and faces of walls smooth and plumb. A straight edge and a plumb- xxx shall be used for constant checking during progress of the work. No brick-bats shall be permitted to be used except when necessary for obtaining the dimension of the different course or for obtaining the specified bond. All unfinished work must be raked back in course unless otherwise directed arid when new work is to be jointed to it the surface of unfinished work must be cleaned and wetted. The bricks shall be laid by placing sufficient mortar on the wall and forcing every brick into it in such a manner as to completely fill every joint with moratar whether at the bottom, side or end of the brick. The mortar to be used shall be that specified for the relevant schedule items and shall comply with the specification for the mortar specified. The bound used shall be English and shall be carried throughout the work. At all angles forming the junction of any two walls, the bricks shall, at each alternate course be carried into each of the respective walls, so as to thoroughly unite the work. V'Jhen the faces are to be plastered, the joints shall be well raked out before any plaster is laid on should the plaster from want of proper joint ranking detach and 7 fall off from the brick work, the contractor shall strip off the plaster bodily to the extent ordered by Superintending Engineer and shall re-do the work properly at his own expense. All requisite scaffolding shall be provided at the contractor's expense and shall be double i.e., must it have two sets of upright supports Care must be taken to ensure the safety of the work people and the contractor must comply with such instructions as the Superintending Engineer may issue to ensure such safety. The contractor will be entirely responsible for any damage or injuries to person or property resulting from ill-erected scaffolding, defective ladders, or otherwise arising out of his default in this respect. The brick work for the retaining wall shall proceed side by side with the depositing and compacting of earth between the retaining walls. At no time shall the brick-work be constructed more than 405mm (1'-4") above Y the compacted earth. In the retaining wall weep-holes shall be provided at suitable intervals as instructed during execution, with the inner surface of the weep-holed plastered 20mm (3/4") thick in cement mortar 1:4 crouched rock of grades in different layer shall be provided at the inner end of the weep-holes to prevent the choking of the weep-holes to have full drainage. No extra payment will be made for this and no deductions will be made for this in the brick-work.
Collection Allocation Mechanism On the CAM Exchange Date, (a) the Commitments shall automatically and without further act be terminated as provided in Article VII, (b) each Lender shall become obligated to fund, within one Business Day, all participations in outstanding Swingline Loans held by it (it being agreed that the CAM Exchange shall not result in a reallocation of such funding obligations, but only of the funded participations resulting therefrom) and (c) the Lenders shall automatically and without further act be deemed to have made reciprocal purchases of interests in the Designated Obligations such that, in lieu of the interests of each Lender in the particular Designated Obligations that it shall own as of such date and immediately prior to the CAM Exchange, such Lender shall own an interest equal to such Lender’s CAM Percentage in each Designated Obligation. Each Lender, each person acquiring a participation from any Lender as contemplated by Section 11.04 and each Borrower hereby consents and agrees to the CAM Exchange. Each Borrower and each Lender agrees from time to time to execute and deliver to the Administrative Agent all such promissory notes and other instruments and documents as the Administrative Agent shall reasonably request to evidence and confirm the respective interests and obligations of the Lenders after giving effect to the CAM Exchange, and each Lender agrees to surrender any promissory notes originally received by it hereunder to the Administrative Agent against delivery of any promissory notes so executed and delivered; provided that the failure of any Borrower to execute or deliver or of any Lender to accept any such promissory note, instrument or document shall not affect the validity or effectiveness of the CAM Exchange. As a result of the CAM Exchange, on and after the CAM Exchange Date, each payment received by the Administrative Agent pursuant to any Loan Document in respect of the Designated Obligations shall be distributed to the Lenders pro rata in accordance with their respective CAM Percentages (to be redetermined as of each such date of payment or distribution to the extent required by the next paragraph), but giving effect to assignments after the CAM Exchange Date, it being understood that nothing herein shall be construed to prohibit the assignment of a proportionate part of all an assigning Lender’s rights and obligations in respect of a single Class of Commitments or Loans. In the event that, after the CAM Exchange, the aggregate amount of the Designated Obligations shall change as a result of the making of an LC Disbursement of either Tranche by an Issuing Bank that is not reimbursed by the applicable Borrower, then (a) each Lender of such Tranche shall, in accordance with Section 2.05(d), promptly purchase from the applicable Issuing Bank a participation in such LC Disbursement in the amount of such Lender’s Tranche One Percentage or Tranche Two Percentage, as the case may be, of such LC Disbursement (without giving effect to the CAM Exchange), (b) the Administrative Agent shall redetermine the CAM Percentages after giving effect to such LC Disbursement and the purchase of participations therein by the applicable Lenders, and the Lenders shall automatically and without further act be deemed to have made reciprocal purchases of interests in the Designated Obligations such that each Lender shall own an interest equal to such Lender’s CAM Percentage in each of the Designated Obligations and (c) in the event distributions shall have been made in accordance with the preceding paragraph, the Lenders shall make such payments to one another as shall be necessary in order that the amounts received by them shall be equal to the amounts they would have received had each LC Disbursement been outstanding immediately prior to the CAM Exchange. Each such redetermination shall be binding on each of the Lenders and their successors and assigns and shall be conclusive absent manifest error.
Single Source Selection Services for tasks in circumstances which meet the requirements of paragraph 3.10 of the Consultant Guidelines for Single Source Selection, may, with the Association's prior agreement, be procured in accordance with the provisions of paragraphs 3.9 through 3.13 of the Consultant Guidelines.
Alternative Resolution Methods Any time during the grievance process, by mutual consent, the parties may use alternative methods to resolve the dispute. If the parties agree to use alternative methods, the time frames in this Article are suspended. If the selected alternative method does not result in a resolution, the Union may return to the grievance process and the time frames resume. Any expenses and fees of alternative methods will be shared equally by the parties.
Fund/SERV Transactions If the parties choose to use the National Securities Clearing Corporation’s Mutual Fund Settlement, Entry and Registration Verification (“Fund/SERV”) or any other NSCC service, the following provisions shall apply: The Company and the Fund or its designee will each be bound by the rules of the National Securities Clearing Corporation (“NSCC”) and the terms of any NSCC agreement filed by it or its designee with the NSCC. Without limiting the generality of the following provisions of this section, the Company and the Fund or its designee will each perform any and all duties, functions, procedures and responsibilities assigned to it and as otherwise established by the NSCC applicable to Fund/SERV, the Mutual Fund Profile Service, the Networking Matrix Level utilized and any other relevant NSCC service or system (collectively, the “NSCC Systems”). Any information transmitted through the NSCC Systems by any party or its designee to the other or its designee and pursuant to this Agreement will be accurate, complete, and in the format prescribed by the NSCC. Each party or its designee will adopt, implement and maintain procedures reasonably designed to ensure the accuracy of all transmissions through the NSCC Systems and to limit the access to, and the inputting of data into, the NSCC Systems to persons specifically authorized by such party. On each day on which the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (“Business Day”), the Company shall aggregate and calculate the net purchase and redemption orders for each Account received by the Company by the close of the New York Stock Exchange (generally, 4:00 p.m. Eastern Time) (the “Close of Trading”) on the Business Day. The Company shall communicate to the Fund or its designee for that Business Day, by Fund/SERV, the net aggregate purchase or redemption orders (if any) for each Account received by the Close of Trading on such Business Day (the “Trade Date”) no later than 7:00 a.m. Eastern Time (or such other time as may be agreed by the parties from time to time) (the “Fund/SERV Transactions Deadline”) on the Business Day following the Trade Date. All such aggregated orders communicated to the Fund or its designee by the Fund/SERV Transactions Deadline on the Business Day following the Trade Date shall be treated by the Fund or its designee as if received prior to the Close of Trading on the Trade Date. All orders received by the Company after the Close of Trading on a Business Day shall not be aggregated with Orders received by the Company prior to the Close of Trading on such Business Day and shall be communicated to BRIL or its designee as part of an aggregated order no sooner than after the FUND/SERV Transactions Deadline or such other time as may be agreed by the parties from time to time) the following Business Day. Cash settlement shall be transmitted pursuant to the normal NSCC settlement process. In the case of delayed settlement, the Fund or its designee shall make arrangements for the settlement of redemptions by wire no later than the time permitted for settlement of redemption orders by the 1940 Act. Unless otherwise informed in writing, such redemption wires should be sent to an account specified by the Company and agreed to by Fund Parties.
Transfer Methods and Amounts Section 15 of the General Terms (Payment Methods and Amounts) applies to the Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
Portfolio Transactions The Manager is authorized to select the brokers or dealers that will execute the purchases and sales of portfolio securities for the Portfolio and is directed to use its best efforts to obtain the best available prices and most favorable executions, except as prescribed herein. It is understood that the Manager will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Fund or to the Portfolio, or be in breach of any obligation owing to the Fund or to the Portfolio under this Agreement, or otherwise, solely by reason of its having caused the Portfolio to pay a member of a securities exchange, a broker, or a dealer a commission for effecting a securities transaction for the Portfolio in excess of the amount of commission another member of an exchange, broker, or dealer would have charged if the Manager determines in good faith that the commission paid was reasonable in relation to the brokerage or research services provided by such member, broker, or dealer, viewed in terms of that particular transaction or the Manager’s overall responsibilities with respect to its accounts, including the Fund, as to which it exercises investment discretion. The Manager will promptly communicate to the officers and directors of the Fund such information relating to transactions for the Portfolio as they may reasonably request.
