Effect of this Module Sample Clauses

Effect of this Module. You agree that the above terms shall continue in effect notwithstanding the termination of business dealings between us and you. APPENDIX GFAILURE TO DELIVER OF JAPANESE GOVERNMENT SECURITIES In August 2010, the Japanese Securities Dealers Association (“JSDA”) announced that “The Japanese Government Securities Guidelines for Real Time Gross Settlement” will be partially amended and that the “Practical Guidelines for Handling of Fails Charges” will be implemented. The latest edition of these Guidelines can be viewed at JSDA’s website (xxx.xxxx.xx.xx/xx/xxxxx-xxxxxxxxxx/xxxxxxxxxx/). This reviewed market practice for settlement failures was introduced on 1st November 2010.∗ Under the reviewed market practice, if a fail occurs in any transaction in Japanese government securities based on a delivery-versus-payment (“DVP”) settlement, the party receiving the securities will be entitled to demand that the party failing to deliver the securities pays a Fails Charge (a financial penalty imposed on the failing party pursuant to the procedures specified in the “Practical Guidelines for the Handling of Fails Charges” ) This new practice is referred to as the “Fails Charge Handling Practice”. We have decided to adopt this Fails Charge Handling Practice for purposes of our transactions with all our counterparties, and accordingly, are notifying you that any delivery-versus-payment transactions in Japanese Government securities entered into between you and us will be subject to the following conditions, unless explicitly agreed otherwise with respect to a specific transaction. These terms are deemed to cover any transaction between you (“Trade Counterparty”) and us (“Company”) encompassing any DVP settlement of Japanese Government securities (including settlement by the delivery of government securities against the payment of funds on the same date in the case where an agreement to that effect is made between the parties to the transaction under which their mutual claims and debts are preserved explicitly). The term “any DVP settlement of Japanese Government securities” referred to in the previous sentence includes purchase and sale transactions and repurchase transactions which includes the start and closing legs of transactions in conditional purchase and sale transactions and lending and returning in lending transactions. The Fails Charge Handling Practice will apply to all settlements made on or after 1st November 2010 (the “Effective Date”) unless explicitly agr...
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  • EFFECT OF THIS AGREEMENT Subject to the Corporation’s right to terminate the Option pursuant to Section 7.4 of the Plan, this Option Agreement shall be assumed by, be binding upon and inure to the benefit of any successor or successors to the Corporation.

  • Binding Effect of this Agreement By receiving and accepting a Note, each Holder, Financial Intermediary and Beneficial Owner of such Note unconditionally agrees, without any signature or further manifestation of assent, to be bound by the terms and conditions of this Agreement, as supplemented, modified or amended pursuant to its terms. This Agreement shall be binding upon and inure to the benefit of any successor to Xxxxxxx Mac.

  • STATUS OF THIS AGREEMENT 4.1 This contract governs your engagement from time to time by the University as a casual worker. This is not an employment contract and does not confer any employment rights on you (other than those to which workers are entitled). In particular, it does not create any obligation on the University to provide work to you. By entering into this contract you confirm your understanding that the University makes no promise or guarantee of a minimum level of work to you and you will work on a flexible "as required" basis. It is the intention of both you and the University that there be no mutuality of obligation between the parties at any time when you are not performing an Assignment.

  • Duration of this Agreement The Term of this Agreement shall be as specified in Schedule A hereto.

  • Construction of this Agreement The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

  • Application of this Agreement 2.1 All facilities made available by the Bank to any Person in respect of a Card or a Card Account are subject to the terms and conditions of this Agreement (as may be amended from time to time subject to prior notice) and any other applicable terms and conditions. A Person becomes subject to such terms and conditions (if not already so subject) by signing, activating or using a Card or permitting its use.

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

  • Operation of this Agreement (a) This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.

  • Enforcement of this Agreement The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.

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