Common use of Trusts Clause in Contracts

Trusts. 21.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 3 contracts

Sources: Services Agreements, Sales Contracts, Confidentiality Agreement

Trusts. 21.1 19.1 If the Buyer at any time upon or subsequent to entering in to into the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;. (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:; (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 2 contracts

Sources: Sales Contract, Sales Contracts

Trusts. 21.1 20.1 If the Buyer Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller EME Roofing may have notice of the Trust, the Buyer Client covenants with the Seller EME Roofing as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Client will not without consent in writing of the Seller EME Roofing (the Seller EME Roofing will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 2 contracts

Sources: Contract, Contract

Trusts. 21.1 27.1 If the Buyer Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller ▇▇▇▇ Electrical may have notice of the Trust, the Buyer Client covenants with the Seller ▇▇▇▇ Electrical as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Client will not without consent in writing of the Seller ▇▇▇▇ Electrical (the Seller ▇▇▇▇ Electrical will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 2 contracts

Sources: Contract, Contract

Trusts. 21.1 20.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 2 contracts

Sources: Contract, Sales Contracts

Trusts. 21.1 23.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller M.D.L may have notice of the Trust, the Buyer Customer covenants with the Seller M.D.L as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Customer will not without consent in writing of the Seller M.D.L (the Seller M.D.L will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 2 contracts

Sources: Contract, Contract

Trusts. 21.1 19.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Sales Contracts

Trusts. 21.1 22.1 If the Buyer Client at any time upon or subsequent to entering in to the into this Contract is acting in the capacity of trustee of any trust (Trust) then whether or not the Seller EME Roofing may have notice of the Trust, the Buyer Client covenants with the Seller EME Roofing as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;; and (c) the Buyer Client will not without consent in writing of the Seller EME Roofing (the Seller EME Roofing will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 17.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller ▇▇▇▇ Springs may have notice of the Trust, the Buyer Customer covenants with the Seller ▇▇▇▇ Springs as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;. (c) the Buyer Customer will not without consent in writing of the Seller ▇▇▇▇ Springs (the Seller ▇▇▇▇ Springs will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:; (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 17.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Supplier may have notice of the Trust, the Buyer covenants with the Seller Supplier as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller Supplier (the Seller Supplier will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Service Agreement

Trusts. 21.1 If the Buyer Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Walkie Talkie may have notice of the Trust, the Buyer Client covenants with the Seller Walkie Talkie as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Client will not without consent in writing of the Seller Walkie Talkie (the Seller Walkie Talkie will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Service Agreement

Trusts. 21.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller B & B Timbers may have notice of the Trust, the Buyer Customer covenants with the Seller B & B Timbers as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;. (c) the Buyer Customer will not without consent in writing of the Seller B & B Timbers (the Seller B & B Timbers will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:; (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 24.1 If the Buyer Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller B & ▇ ▇▇▇▇▇ may have notice of the Trust, the Buyer Client covenants with the Seller B & ▇ ▇▇▇▇▇ as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Client will not without consent in writing of the Seller B & H Stone (the Seller B & H Stone will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 18.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Expressway Spares may have notice of the Trust, the Buyer Customer covenants with the Seller Expressway Spares as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Customer will not without consent in writing of the Seller Expressway Spares (the Seller Expressway Spares will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 18.1 If the Buyer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller may have notice of the Trust, the Buyer covenants with the Seller as follows: (a) the Contract extends to all rights of indemnity which the Buyer now or subsequently may have against the Trust and the trust fund; (b) the Buyer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer against the Trust or the trust fund. The Buyer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer will not without consent in writing of the Seller (the Seller will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 17.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Manufacturer may have notice of the Trust, the Buyer Customer covenants with the Seller Manufacturer as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Customer will not without consent in writing of the Seller Manufacturer (the Seller Manufacturer will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 25.1 If the Buyer Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Safe Hire Limited may have notice of the Trust, the Buyer Client covenants with the Seller Safe Hire Limited as follows: (a) the Contract extends to all rights of indemnity which the Buyer Client now or subsequently may have against the Trust and the trust fund; (b) the Buyer Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Client against the Trust or the trust fund. The Buyer Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;. (c) the Buyer Client will not without consent in writing of the Seller Safe Hire Limited (the Seller Safe Hire Limited will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:; (i) the removal, replacement or retirement of the Buyer Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Service Agreement

Trusts. 21.1 23.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Waimak Engineering may have notice of the Trust, the Buyer Customer covenants with the Seller Waimak Engineering as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Customer will not without consent in writing of the Seller Waimak Engineering (the Seller Waimak Engineering will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 20.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Still Standing Sheetmetal may have notice of the Trust, the Buyer Customer covenants with the Seller Still Standing Sheetmetal as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; (c) the Buyer Customer will not without consent in writing of the Seller Still Standing Sheetmetal (the Seller Still Standing Sheetmetal will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Contract

Trusts. 21.1 19.1 If the Buyer Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Seller Gloss Boats may have notice of the Trust, the Buyer Customer covenants with the Seller Gloss Boats as follows: (a) the Contract extends to all rights of indemnity which the Buyer Customer now or subsequently may have against the Trust and the trust fund; (b) the Buyer Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Buyer Customer against the Trust or the trust fund. The Buyer Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;. (c) the Buyer Customer will not without consent in writing of the Seller Gloss Boats (the Seller Gloss Boats will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:; (i) the removal, replacement or retirement of the Buyer Customer as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust property.

Appears in 1 contract

Sources: Service Agreement