Transmission Exceptions Clause Samples

Transmission Exceptions. Notwithstanding Sections 5.a.(i) and (ii) above, (i) Fund Company agrees that if Schwab is prevented from transmitting Day 1 Trades to a Fund as provided in Sections 5.a.(i) or 5.a.(ii) above, as applicable, on Day 1 due to unforeseen circumstances (such as computer system failures experienced by Schwab, or the NSCC, natural catastrophes, or other emergencies), provided that Schwab notifies Fund Company of such contingency prior to 8:00 p.m. Eastern Time on Day 1, Schwab may: (1) transmit such Day 1 Trades for an Omnibus Account to the Fund through NSCC prior to 8:00 p.m. Eastern Time on Day 2, provided further that Schwab notifies Fund Company of the Day 1 Trade information prior to Market Open on Day 2; (2) transmit such Day 1 Trades for an Omnibus Account through means other than NSCC prior to Market Open on Day 2 or such other mutually agreed upon time; or (3) transmit such Day 1 Trades for Sub-Accounts through NSCC as soon as operationally feasible, provided further that Schwab notifies Fund Company of the Day 1 Trade information prior to Market Open on Day 2.
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Transmission Exceptions. Notwithstanding Sections 4.a.(i) through (iii) above, Fund Company agrees that:
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Transmission Exceptions. If Schwab is prevented from transmitting some or all Day 1 Trades to Fund Company through NSCC Services in accordance with Section 5.a. or outside of NSCC’s Services in accordance with 5.b. on Day 1 then: (i) Schwab may transmit such Day 1 Trades to the Fund through NSCC in a Fund/SERV or DCC&S file format, provided those Orders are eligible for DCC&S processing, on Day 2, provided Schwab (1) uses commercially reasonable efforts to notify Fund Company of such contingency prior to Market Open on Day 2 and (2) provides Fund Company with the Day 1 Trade information prior to Market Open on Day 2; (ii) Schwab may transmit such Day 1 Trades through means other than the NSCC Services on such mutually agreed upon time, provided Schwab notifies Fund Company of such contingency and Fund Company confirms that such Day 1 Trades will receive the NAV calculated for Day 1.
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Transmission Exceptions. If Schwab is prevented from transmitting Day 1 Trades to Fund Company through NSCC Services in accordance with Section 4.a. or outside of NSCC’s Services in accordance with 4.b. on Day 1 due to unforeseen circumstances (such as computer system failures experienced by Schwab, or the NSCC, natural catastrophes, or other emergencies), then: (i) Schwab may transmit such Day 1 Trades through means other than the NSCC Services prior to Market Open on Day 2 or such other mutually agreed upon time, provided Schwab notifies Fund Company of such contingency (1) prior to 8:00 p.m. Eastern Time on Day 1, or (2) with respect to Orders eligible for DCC&S processing, prior to 9:30 a.m. Eastern time on Day 2, provided further that all such purchase and redemption orders are settled by the parties hereto on Day 2. Notwithstanding Section 4.d. below, the parties agree to work together in good faith to remediate rejected trades due to potential duplicate Orders that may have been submitted through the NSCC Services and also submitted through means other than the NSCC Services according to this Section 4.c.(i); (ii) Schwab may transmit such Day 1 Trades to the Fund through NSCC in a Fund/SERV file format by 10:00 a.m. Eastern Time on Day 2, provided Schwab notifies Fund Company of such contingency prior to 8:00 p.m. Eastern Time on Day 1, provided further that all such purchase and redemption orders are settled by the parties hereto on Day 2; or (iii) Schwab may transmit such Day 1 Trades to the Fund through NSSC in a DCC&S file format by 10:00 a.m. Eastern Time on Day 2, provided those Orders are eligible for DCC&S processing and Schwab notifies Fund Company of such contingency prior to 9:30 a.m. Eastern Time on Day 2, provided further that all such purchase and redemption orders are settled by the parties hereto on Day 2.” 2. Schedule I to the Operating Agreement shall be deleted in its entirety and the Schedule I attached hereto shall be inserted in lieu thereof. 3. Except as specifically set forth herein, all other provisions of the Operating Agreement shall remain in full force and effect. GMO
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Transmission Exceptions. Notwithstanding Sections 4.a.(i) through (iii) above, Fund Company agrees that: (i) Next Day Transmittal of Orders. If Schwab is prevented from transmitting Day 1 Trades to Fund Company through NSCC's Fund/SERV or outside of NSCC's Fund/SERV on Day 1 due to unforeseen circumstances (such as computer system failures experienced by Schwab, or the NSCC, natural catastrophes, or other emergencies or human error), provided that Schwab notifies Fund Company of such contingency prior to 8:00 p.m. Eastern Time on Day 1, Schwab may: (1) transmit such Day 1 Trades to the Fund through NSCC in a Fund/SERV file format prior to 8:00 p.m. Eastern Time on Day 2, provided further that Schwab notifies Fund Company of the Day 1 Trade information prior to Market Open on Day 2; or (2) transmit such Day 1 Trades through means other than NSCC's Fund/SERV prior to Market Open on Day 2; (ii) Next Day Transmittal of Plan Orders. If Schwab is prevented from transmitting Day 1 Plan Trades to Fund Company through NSCC in a DCC&S file format in accordance with Section 4.a.(ii) due to unforeseen circumstances (such as computer system failures experienced by Schwab or by the NSCC, natural catastrophes, or other emergencies or human error), provided that Schwab notifies Fund Company of such contingency by 8:00 a.m. Eastern on Day 2, Schwab may transmit the Day 1 Plan Trades through means other than NSCC's DCC&S by 9:30 a.m. Eastern time on Day 2; and
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Transmission Exceptions 
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Related to Transmission Exceptions

  • Production Report and Lease Operating Statements Within 60 days after the end of each fiscal quarter, a report setting forth, for each calendar month during the then current fiscal year to date, the volume of production and sales attributable to production (and the prices at which such sales were made and the revenues derived from such sales) for each such calendar month from the Oil and Gas Properties, and setting forth the related ad valorem, severance and production taxes and lease operating expenses attributable thereto and incurred for each such calendar month.

  • Confirmations and Statements The Transfer Agent shall confirm each transaction either at the time of the transaction or through periodic reports as may be legally permitted.

  • FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both."

  • Estoppel Statements Within ten (10) days after request therefor by City, Tenant shall deliver, in recordable form, an estoppel statement certifying that this Lease is in full force and effect; the date of Tenant’s most recent payment of Rent, and that Tenant has no defenses or offsets outstanding, or stating those claimed, and any other information reasonably requested. Failure to deliver said statement within the specified period shall be conclusive upon Tenant that: (i) this Lease is in full force and effect, without modification except as may be represented by City; (ii) there are no uncured defaults in City’s performance and Tenant has no right of offset, counterclaim or deduction against Rent hereunder; and

  • Contracts Concerning Use of Project The Recipient agrees that during the Agreement Term it will not contract with any Private Person for use of the Project or any portion thereof or the facility or facilities of which the Project is a part for any Private Business Use unless all of the conditions of subparagraph F.3.a., subparagraph F.3.b. or subparagraph F.3.c. are met: a. If the compensation of the Private Person is based entirely on a periodic, fixed fee that contains no incentive adjustments, all of the following conditions must be met: (A) no amount of compensation is based on a share of the net profits; (B) the compensation is reasonable; (C) the term of the contract does not exceed five (5) years (including any renewal option periods provided for in the contract);