Brokers and Other Third Parties. BROKER/ X. Xxxxx shall not be responsible for any loss THIRD PARTY DEFAULT solely resulting from a failure by any broker or any other third party beyond the control of Chase. In particular, if a broker or any third party defaults on any obligation to deliver Securities or pay cash, Chase shall have no liability to the Fund for such non-delivery or payment in the absence of Chase's own negligence, willful default, bad faith or fraud. Payments of income and settlement proceeds are at the risk of the account. If Chase, at the request of the Fund, appoints a broker or agent to effect any transaction on behalf of the Fund, Chase shall have no liability whatsoever in respect of such broker's duties or its actions, omissions or solvency unless, if Chase selects such broker or agent, Chase fails to exercise reasonable care in such selection. DELIVERY TO BROKERS B. Absent Chase's own negligence, willful default, bad faith or fraud, Chase shall not be liable for losses arising from a proper Instruction to deliver Securities or cash to a broker, even if Chase might have information tending to show that this course of action, or the choice of a particular broker for a transaction, was unwise.
Brokers and Other Third Parties. 17.1 No Brokers Each of the parties hereby represents and warrants to the other that it has not paid, agreed to pay or caused to be paid directly or indirectly in any form, any commission, percentage, contingent fee, brokerage or other similar payments of any kind, in connection with the establishment or operation of the Lease, to any Person (other than fees payable to legal advisers or portfolio services).
Brokers and Other Third Parties. 57 SCHEDULE 1 Definitions..................................................................................... 1 SCHEDULE 2 Representations And Warranties.................................................................. 1 SCHEDULE 3 Conditions Precedent............................................................................ 1 SCHEDULE 4 Pre-Delivery Procedures and Delivery Condition.................................................. 1 SCHEDULE 5 Certificate Of Acceptance....................................................................... 1 SCHEDULE 6 Procedures And Operating Condition At Redelivery................................................ 1 SCHEDULE 7 Insurance Requirements.......................................................................... 1 SCHEDULE 8 Form Of Legal OpinionS.......................................................................... 1 SCHEDULE 9 Events Of Default............................................................................... 1 SCHEDULE 10 Form of GuarantY.............................................................................. 1 SCHEDULE 11 [Omitted]...................................................................................... 1 SCHEDULE 12 Aircraft Passenger Cabin Interior Standard..................................................... 1 SCHEDULE 13 Form Of Assignment, Assumption And Release Agreement........................................... 1
Brokers and Other Third Parties. 19 16. Confidentiality.....................................................19 17. Cooperation ........................................................19 18.
Brokers and Other Third Parties. BROKER/THIRD PARTY DEFAULT
Brokers and Other Third Parties. 61 Schedule 1 Definitions Schedule 2 Representations and Warranties Schedule 3 Conditions Precedent Schedule 4 Pre-Delivery Procedures and Delivery Condition Schedule 5 Certificate of Technical Acceptance Schedule 6 [NOT APPLICABLE] Schedule 7 Insurance Requirements Schedule 8 Form of Lessee's Legal Opinion Schedule 9 Events of Default Schedule 10 [NOT APPLICABLE] Schedule 11 Form of Lease Termination Certificate Schedule 12 Form of Lease Supplement No. 1 Schedule 13 Form of Letter of Credit Schedule 14 Maintenance Performers Schedule 15 Technical Report COMMON TERMS AGREEMENT THIS COMMON TERMS AGREEMENT (THIS "CTA") is made as of May 12, 2000 BETWEEN:
Brokers and Other Third Parties. Each Party represents and warrants to the other that it has not paid, agreed to pay or caused to be paid directly or indirectly in any form, any commission, percentage, contingent fee, brokerage or other similar payments of any kind in connection with this Agreement or the transactions contemplated hereby, to any Person. Each Party agrees to indemnify and hold the other harmless from and against any and all claims, suits, damages, costs and expenses (including, but not limited to reasonable attorneys’ fees and costs) asserted by any agent, broker or other third party for any commission or compensation of any nature whatsoever based upon this Agreement or the Transaction Documents or the Aircraft.
Brokers and Other Third Parties. BROKER/ X. Xxxxx shall not be responsible for any loss solely resulting THIRD PARTY from a failure by any broker or any other third party beyond DEFAULT the control of Chase. In particular, if a broker or any third party defaults on any obligation to deliver Securities or pay cash, Chase shall have no liability to the Fund for such non-delivery or payment in the absence of Chase's own negligence, willful default, bad faith or fraud. Payments of income and settlement proceeds are at the risk of the account. If Chase, at the request of the Fund, appoints a broker or agent to effect any transaction on behalf of the Fund, Chase shall have no liability whatsoever in respect of such broker's duties or its actions, omissions or solvency unless, if Chase selects such broker or agent, Chase fails to exercise reasonable care in such selection.
Brokers and Other Third Parties. 61 </Table> <PAGE> Schedule 1 Definitions Schedule 2 Representations and Warranties Schedule 3 Conditions Precedent Schedule 4 Pre-Delivery Procedures and Delivery Condition Schedule 5 Certificate of Technical Acceptance Schedule 6 [NOT APPLICABLE] Schedule 7 Insurance Requirements Schedule 8 Form of Lessee's Legal Opinion Schedule 9 Events of Default Schedule 10 [NOT APPLICABLE] Schedule 11 Form of Lease Termination Certificate Schedule 12 Form of Lease Supplement No. 1 Schedule 13 Form of Letter of Credit Schedule 14 Maintenance Performers Schedule 15 Technical Report <PAGE> COMMON TERMS AGREEMENT THIS COMMON TERMS AGREEMENT (this "CTA") is made as of May 12, 2000 BETWEEN: (1) GENERAL ELECTRIC CAPITAL CORPORATION ("GE CAPITAL") and (2) ALOHA AIRLINES, INC. ("ALOHA")
Brokers and Other Third Parties. 17.1 No Brokers Each of the parties hereby represents and warrants to the other that it has not paid, agreed to pay or caused to be paid directly or indirectly in any form, any commission, percentage, contingent fee, brokerage or other similar payments of any kind, in connection with the establishment or operation of the Lease, to any Person (other than fees payable to legal advisers or portfolio services). 17.2 Indemnity Each party agrees to indemnify and hold the other harmless from and against any and all claims, suits, damages, costs and expenses (including, reasonable legal fees and expenses) asserted by any agent, broker or other third party for any commission or compensation of any nature whatsoever based upon the Lease or the Aircraft, if such claim, suit, damage, cost or expense arises out of any breach by the indemnifying party, its employees or agents of Section 17.1. REMAINDER OF XXXX INTENTIONALLY LEFT BLANK. THE SIGNATURE PAGE FOLLOWS. -61- <PAGE>
