Cooperation Agreement At the Closing, PCC and Buyer shall, and PCC shall cause PCC Parent to, execute and deliver the Cooperation Agreement pursuant to which Buyer, PCC Parent and PCC shall provide each other certain information and other assistance in connection with the collection, administration and/or satisfaction of certain of the Retained Liabilities.
ARBITRATION AGREEMENT (OPTIONAL) - Every dispute between Customer and DWR arising out of or relating to the making or performance of this Agreement or any transaction pursuant to this Agreement, shall be settled by arbitration in accordance with the rules, then in effect, of the National Futures Association, the contract market upon which the transaction giving rise to the claim was executed, or the National Association of Securities Dealers as Customer may elect. If Customer does not make such election by registered mail addressed to DWR at 000 Xxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000; Attention: Deputy General Counsel, within 45 days after demand by DWR that the Customer make such election, then DWR may make such election. DWR agrees to pay any incremental fees which may be assessed by a qualified forum for making available a "mixed panel" of arbitrators, unless the arbitrators determine that Customer has acted in bad faith in initiating or conducting the proceedings. Judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. IN ADDITION TO FOREIGN FORUMS, THREE FORUMS EXIST FOR THE RESOLUTION OF COMMODITY DISPUTES: CIVIL COURT LITIGATION, REPARATIONS AT THE COMMODITY FUTURES TRADING COMMISSION ("CFTC") AND ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION. THE CFTC RECOGNIZES THAT THE OPPORTUNITY TO SETTLE DISPUTES BY ARBITRATION MAY IN SOME CASES PROVIDE MANY BENEFITS TO CUSTOMERS, INCLUDING THE ABILITY TO OBTAIN AN EXPEDITIOUS AND FINAL RESOLUTION OF DISPUTES WITHOUT INCURRING SUBSTANTIAL COSTS. THE CFTC REQUIRES, HOWEVER, THAT EACH CUSTOMER INDIVIDUALLY EXAMINE THE RELATIVE MERITS OF ARBITRATION AND THAT YOUR CONSENT TO THIS ARBITRATION AGREEMENT BE VOLUNTARY. BY SIGNING THIS AGREEMENT, YOU (1) MAY BE WAIVING YOUR RIGHT TO XXX IN A COURT OF LAW AND (2) ARE AGREEING TO BE BOUND BY ARBITRATION OF ANY CLAIMS OR COUNTERCLAIMS WHICH YOU OR DWR MAY SUBMIT TO ARBITRATION UNDER THIS AGREEMENT. YOU ARE NOT, HOWEVER, WAIVING YOUR RIGHT TO ELECT INSTEAD TO PETITION THE CFTC TO INSTITUTE REPARATIONS PROCEEDINGS UNDER SECTION 14 OF THE COMMODITY EXCHANGE ACT WITH RESPECT TO ANY DISPUTE WHICH MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT. IN THE EVENT A DISPUTE ARISES, YOU WILL BE NOTIFIED IF DWR INTENDS TO SUBMIT THE DISPUTE TO ARBITRATION. IF YOU BELIEVE A VIOLATION OF THE COMMODITY EXCHANGE ACT IS INVOLVED AND IF YOU PREFER TO REQUEST A SECTION 14 "REPARATIONS" PROCEEDINGS BEFORE THE CFTC, YOU WILL HAVE 45 DAYS FROM THE DATE OF SUCH NOTICE IN WHICH TO MAKE THAT ELECTION.
Enterprise Agreement 1.1 This Enterprise Agreement is made pursuant to the Fair Work Act 1994, Chapter 3, Part 2.
Variation Agreement (1) The First Variation Agreement is ratified.
Indemnification Agreement Contractor hereby agrees to indemnify and hold harmless the Owner, the State of Georgia and its departments, agencies and instrumentalities and all of their respective officers, members, employees and directors (hereinafter collectively referred to as the "Indemnitees") from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and property damage arising out of or resulting from the performance of this Contract or any act or omission on the part of the Contractor, its agents, employees or others working at the direction of Contractor or on its behalf., or due to any breach of this Contract by the Contractor, or due to the application or violation of any pertinent Federal, State or local law, rule or regulation. This indemnification extends to the successors and assigns of the Contractor. This indemnification obligation survives the termination of the Contract and the dissolution or, to the extent allowed by law, the bankruptcy of the Contractor. If and to the extent such damage or loss (including costs and expenses) as covered by this indemnification is paid by the State Tort Claims Trust Fund, the State Authority Liability Trust Fund, the State Employee Broad Form Liability Fund, the State Insurance and Hazard Reserve Fund, and other self-insured funds (all such funds hereinafter collectively referred to as the "Funds") established and maintained by the State of Georgia Department of Administrative Services Risk Management Division (hereinafter "DOAS") the Contractor agrees to reimburse the Funds for such monies paid out by the Funds.
Substitution Agreement 36.3.1 The Lenders’ Representative, on behalf of Senior Lenders, may exercise the right to substitute the Concessionaire pursuant to the agreement for substitution of the Concessionaire (the "Substitution Agreement") to be entered into amongst the Concessionaire, the Authority and the Lenders’ Representative, on behalf of Senior Lenders, substantially in the form set forth in Schedule-V.
Our Agreement This Marina Operators Liability insurance Policy is a contract between You and Us: Insuring Agreement In consideration of You paying Us the Premium and in reliance upon the information You provided to Us in your application for insurance and its attachments, We shall cover You for the liabilities, costs and expenses that are covered by this Policy. About Your Policy This Policy is made up of this document, the Certificate and any Endorsements and they should all be read as one document. If You think that any details contained in these documents are not correct or if You need to change anything, You should tell Us or ask Your insurance intermediary to tell Us. Unless expressly stated to the contrary, words that are emphasised by the use of capitalisation and bold print have the meaning given to them in Section 7 – ‘Definitions’ of this Policy. This Policy is a legal contract between You and Us. Based on the information provided by You when You applied for this insurance and subject to You having paid the required Premium, We agree to insure You during the Period of Insurance. Your Duty of Disclosure Before You enter into an insurance contract, You have a duty to tell Us anything that You know, or could reasonably be expected to know, may affect Our decision to insure You and on what terms. You have this duty until We agree to insure You. You have the same duty before You renew, extend, vary or reinstate an insurance contract. You do not need to tell Us anything that: • reduces the risk We insure You for; or • is common knowledge; or • We know or should know as an insurer; or • We waive Your duty to tell Us about. If You Do Not Tell Us Something If You do not tell Us anything you are required to, We may cancel Your contract or reduce the amount We will pay You if You make a claim under this Policy, or both. If Your failure to tell Us is fraudulent, We may refuse to pay Your claim under this Policy and treat the contract as if it never existed. Cooling Off Period Once cover has commenced You have 21 (twenty one) calendar days to decide whether this Policy meets Your needs. This is called the “cooling off period”. If during this time, You decide You are not completely satisfied with this Policy, and provided You have not made a claim under this Policy, You can cancel this Policy by notifying Us in writing. We will refund in full any Premium You have paid. Privacy Statement NM Insurance Agency Pty Ltd, ABN 34 100 633 038, trading as Nautilus Marine are committed to protecting Your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This Privacy Statement outlines how We collect, disclose and handle Your personal information (including sensitive information) as defined in the Act. Why We Collect Your Personal Information We collect Your personal information (including sensitive information) so We can: • identify You and conduct necessary checks; • determine what service or products We can provide to You e.g. offer our insurance products; • issue, manage and administer services and products provided to You or others, including claims investigation, handling and settlement; • improve Our services and products e.g. training and development of Our representatives, product and service research and data analysis and business strategy development, and • make special offers of other services and products provided by Us or those We have an association with, that might be of interest to You. What Happens If You Don’t Give Us Your Personal Information? If You choose not to provide us with the information We have requested, We may not be able to provide You with Our services or products or properly manage and administer services and products provided to You or others. How We Collect Your Personal Information Collection can take place by telephone email, or in writing and through websites (from data You input directly or through cookies and other web analytic tools). We collect it directly from You unless You have consented to collection from someone other than You, it is unreasonable or impracticable for Us to do so or the law permits us to. If You provide us with personal information about another person You must only do so with their consent and agree to make them aware of this privacy notice. Who We Disclose Your Personal Information To We share Your personal information with third parties for the collection purposes noted above. The third parties include: Our related companies and Our representatives who provide services for Us, the Insurer, other insurers and reinsurers, Your agents, Our legal, accounting and other professional advisers, data warehouses and consultants, social media and other similar sites and networks, membership, loyalty and rewards programs or partners, providers of medical and non-medical assistance and services, investigators, loss assessors and adjusters, other parties We may be able to claim or recover against, and anyone either of us appoint to review and handle complaints or disputes and any other parties where permitted or required by law. We may need to disclose information to persons located overseas. Who they are may change from time to time. You can contact us for details or refer to our Privacy Policy available at our website www.nautilusinsurance. com.au. In some cases We may not be able to take reasonable steps to ensure they do not breach the Privacy Act and they may not be subject to the same level of protection or obligations that are offered by the Act. By proceeding to acquire Our services and products You agree that You cannot seek redress under the Act or against Us (to the extent permitted by law) and may not be able to seek redress overseas. More Information, Access, Correction or Complaints For more information about our privacy practices including how We collect, use or disclose information, how to access or seek correction to Your information or how to complain in relation to a breach of the Australian Privacy Principles and how such a complaint will be handled, please refer to our Privacy Policy available at Our website xxx.xxxxxxxxxxxxxxxxx.xxx.xx or by contacting Us (Our contact details are below). Contact Us & Opting Out By proceeding with Your application or submitting Your claim under this Policy, You and any other person included on this Policy, consent to this use and these disclosures unless You tell us otherwise. If You wish to withdraw Your consent, including for things such as receiving information on products and offers by Us or persons We have an association with, please contact Us By phone: 0000 000 000 By email: xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx In writing: 00-00 Xxxxxx Xxxxxx, Sandringham VIC 3191 Complaints Process Both We and the Insurer are committed to handling any complaints about Our products or services efficiently and fairly. Any enquiry or complaint relating to this insurance should be referred to Us in the first instance. Please contact Us By phone: 0000 000 000 By email: xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx In writing: 00-00 Xxxxxx Xxxxxx, Sandringham VIC 3191 If this does not resolve the matter or You are not satisfied with the way a complaint has been dealt with, You can contact the Insurer on their dedicated complaints line – 1800 339 669 and/or in writing to Head of Compliance AIG Level 12, 000 Xxxxxx Xxxxxx Docklands VIC 3008 General Insurance Code of Practice The Insurer is a signatory to the General Insurance Code of Practice. This aims to raise the standards of practice and service in the insurance industry, improve the way that claims and complaints are handled and help people better understand how general insurance works. Information brochures on the General Insurance Code of Practice are available upon request. The Insurer This insurance is issued/insured by: AIG Australia Limited (AIG) ABN 93 004 727 753 AFSL 381686 Level 12, 000 Xxxxxx Xxxxxx Docklands, VIC 3008 AIG issues/insures this product pursuant to an Australian Financial Services Licence granted to them by the Australian Securities and Investments Commission. AIG is the marketing name for the worldwide property- casualty, life and retirement, and general insurance operations of American International Group, Inc. American International Group, Inc. (AIG) is a leading international insurance organisation serving customers in more than 100 countries and jurisdictions. AIG companies serve commercial, institutional, and individual customers through one of the most extensive worldwide property-casualty networks of any insurer. In addition, AIG companies are leading providers of life insurance and retirement services in the United States. AIG common stock is listed on the New York Stock Exchange and the Tokyo Stock Exchange.
Consortium Agreement agreement entered into by and between the Manager and the Contractors, pursuant to Annex X.
Student Agreement The acceptable and unacceptable uses of the Charter School network and the Internet are described in this “Student Acceptable Use Agreement." By signing this agreement, I acknowledge that I have read, understand and agree to abide by the provisions of the attached Student Acceptable Use Policy. I understand that any violations of the above could result in the immediate loss of electronic computing and may result in further disciplinary and/or legal action, including but not limited to suspension, or referral to legal authorities. I also agree to report any misuse of the Charter School network to school site teacher or administrator. Misuse can come in many forms but can be viewed as any messages sent or received that indicate or suggest pornography, unethical or illegal solicitation, racism, sexism, inappropriate language, and other issues described under the unacceptable uses in this Acceptable Use Policy. I realize that all the rules of conduct described in this Charter School Acceptable Use Policy, procedures, and handbooks apply when I am using the Charter School network. Student Name: Student Signature: Date: PARENT OR GUARDIAN AGREEMENT: (Students under the age of 18 must have a parent or guardian who has read and signed this Acceptable Use Contract.) As a parent or guardian of this student, I have read this Acceptable Use Policy and understand that the use of the Charter School network is designated for educational purposes only. I understand that it is impossible for the Charter School to restrict access to all controversial materials, and I will not hold the Charter School, responsible for materials acquired on the Charter School network or Internet. I also agree to report any misuse of these electronic resources to the school administrator. I accept full responsibility for my child should they use remote connections when available to the Charter School network in a non- school setting. I hereby give my permission to issue an account for my child to use the Charter School network and Internet. I release the Charter School, its affiliates and its employees from any claims or damages of any nature arising from my child or dependent’s access and use of the Charter School network. I also agree not to hold the Charter School responsible for materials improperly acquired on the system, or for violations of copyright restrictions, user’s mistakes or negligence, or any costs incurred by users. This agreement shall be governed by and construed under the laws of the United States and the State of California. Student Name: Parent/Legal Guardian Name: Parent/Legal Guardian Signature: Date:
Operating Agreement You haves received and read a copy of the Company’s Operating Agreement (the “Operating Agreement”) and agree that your execution of this Agreement constitutes your consent to and execution of the Operating Agreement, and, that upon acceptance of this Agreement by the Company, you will become a member of the Company as a holder of Shares. When this Agreement is countersigned by the Company, the Operating Agreement shall be binding upon you as of the closing date.
