DUTIES OF SUMMIT Sample Clauses

DUTIES OF SUMMIT. Summit agrees to forward to HealthCapital, or its successors and assigns, on a timely basis as provided in the HealthCapital Lease, the monthly lease payment collected by Summit through Omnicard financing premiums included in the Omnicard prices in Schedule "A", on a monthly basis, under such HealthCapital Lease identified in Section 1.c, provided the Customer fully performs the duties described in Section 1(a) and (b) above. Summit shall make such HealthCapital Lease payments as required under said lease on Customer's behalf and with Customer's full permission under the terms and conditions of HealthCapital's Lease and HealthCapital shall accept same from Summit. Customer shall receive written notice that each such monthly payment from Summit to HealthCapital has been made. Notwithstanding Summit's duties set forth in the preceding sentences, Customer acknowledges and agrees that the HealthCapital Lease document is a separate and distinct agreement between Customer and HealthCapital and nothing herein is intended or should be construed as a guaranty of any of Customer's obligations thereunder or as otherwise obligating Summit thereunder in any way, it being acknowledged that Summit's sole obligation is to timely forward the lease payments received from Customer to HealthCapital subject to Summit's timely receipt of the corresponding payment from Customer. Customer further acknowledges, that provided Customer is in compliance with the provisions of this Agreement, it is solely responsible for the financial liability (other than the lease payments to be made by Summit and paid on Customer's behalf to HealthCapital hereunder), and for all UCC filing fees, insurance charges, property taxes, sales taxes and any other expenses required by the HealthCapital Lease. Notwithstanding the foregoing, in the event that Summit shall fail to make any payment to HealthCapital (despite having received the corresponding payment from Customer) under the terms of the HealthCapital Lease, and Customer makes such payment directly to HealthCapital, Customer shall have the right to setoff the amount of such payment against any subsequent amounts due and owing Summit under this Agreement.
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DUTIES OF SUMMIT a. SUMMIT agrees to perform services as outlined in the section SCOPE OF WORK attached and incorporated as Exhibit A: SUMMIT Revised Proposal for Materials Testing and IBC 1704 Inspection Services for the McDermitt, Saipan Peak, Eagle Creek and Golconda Tower Sites, Humboldt County, Nevada dated January 2, 2019 (P.R. No 5186B). SUMMIT agrees to perform these services diligently in accordance with the standards of its profession and to CLIENT’s satisfaction. Exhibit A is incorporated herein by reference.
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DUTIES OF SUMMIT. 5.1 Summit shall set up policies, maintain records and manage claims of Insurance Company in such a manner as provided herein. Premium audits shall be performed by Summit, along with all record keeping and accounting services. All policy administration, loss control prevention services and all underwriting functions shall be performed by Summit. Summit shall collect all sums due Insurance Company and pay all items of expense in accordance with the policies of the Board of Directors of Insurance Company. Summit shall also invest policy surplus as approved by the Board of Directors and properly account for all funds so handled, as provided herein. Collection activities shall also be performed by Summit. Such collection activities shall not include legal pursuit of Insurance Company's claim and therefore, no legal fees, court costs or other associated costs shall be incurred by Summit on behalf of Insurance Company. Summit shall also market insurance products for and on behalf of Insurance Company.
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Related to DUTIES OF SUMMIT

  • Duties of Sub Adviser The Sub-Adviser is hereby employed and authorized to conduct a continual program of investment, evaluation and, if appropriate, sale and reinvestment of the assets in each Fund. In connection therewith, the Sub-Adviser will (a) make investment decisions for the Fund; (b) place purchase and sale orders for portfolio transactions in the Fund; (c) employ professional portfolio managers and securities analysts to provide research services relating to the Fund; (d) employ qualified personnel to assist in the supervision of the Fund’s investment program and to monitor the level of risk incurred by the Fund in connection with its investment program; (e) provide input requested by the Adviser with respect to the possible forms and levels of leverage employed by the Fund, and help monitor the Fund’s compliance with leverage limits imposed under the 1940 Act; (f) provide assistance in connection with determining dividend and distribution levels for the Fund and preparing and reviewing dividend and distribution notices to shareholders; and (g) discuss with the Adviser, and take into account, tax issues arising in connection with management of the Fund’s portfolio. Subject to the supervision of each Fund’s Board of Directors (the “Board”) and the Adviser, the Sub-Adviser will manage the assets in each Fund in accordance with (a) the Fund’s investment objective(s), policies and restrictions, to the extent the Sub-Adviser has been notified of such objectives, policies and restrictions, (b) the Charter Documents (as such term is defined below) of the Fund, to the extent that they have been provided to the Sub-Adviser, and (c) applicable laws and regulations. The Adviser has furnished to the Sub-Adviser each Fund’s compliance procedures pursuant to Rules 10f-3, 17a-7, and 17e-1 under the 1940 Act (collectively, the “Compliance Procedures”), the Articles of Incorporation or Declaration of Trust and Bylaws of each Fund, each as amended to date (the “Charter Documents”), and each Fund’s investment objective(s), policies and restrictions. The Adviser agrees, on an ongoing basis, to provide to the Sub-Adviser, as promptly as practicable, copies of all amendments and supplements to the Compliance Procedures, all amendments to the Charter Documents and all revisions to a Fund’s investment objective(s), policies and restrictions.

  • Duties of Trustees (a) The Trustee, prior to the occurrence of an Event of Default and after the curing of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived) the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

  • Duties of Trustee (a) If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

  • Duties of Company The Company will at all times during the term of the Options:

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