Scope of the Service It is hereby understood that the Clave Debit Card service is just another way to allow Customers access to their checking or savings accounts and other services. Therefore, the use of the CLAVE Debit Card in Automated Teller Machines (ATMs) and Points of Sale, shall be limited to the account(s) that THE CUSTOMER has authorized to relate to this service, which is governed by these Conditions and Regulations, to the extent that they do not conflict with the rules contained in the checking and savings account regulations of THE BANK. • The Clave Debit Card (hereinafter referred to as the Card) allows the Customer to perform the following at Automated Teller Machines: cash withdrawal, purchase of prepaid minutes, payment to loans, payment to credit cards, payment to utilities, payment to affiliated private companies, transfer between accounts, consultation of accounts and donations; Also purchases at Points of Sale of nationwide affiliated businesses. • THE BANK shall debit or credit to the Related Account (s) the transaction(s) made by THE CUSTOMER by using his Card. At the time of using the Automated Teller Machine, it is the responsibility of the CUSTOMER to wait for the transaction to be completed. • Transactions performed with the Card after the closing of THE BANK on business days from Monday to Friday and transactions made at any time on Saturdays, Sundays or non-working days shall be recorded on the next banking business day. • To use the Automated Teller Machine and Point of Sale service, THE BANK shall provide the Customer with a Card and a secret code (hereinafter PIN). THE CUSTOMER, as soon as THE BANK delivers the Card, undertakes to keep it and not to disclose the PIN to another person(s), being therefore directly responsible to THE BANK for the improper use of said Card and for all the transactions that are performed with this Card in Automated Teller Machines and Points of Sale. • All transactions carried out at Automated Teller Machines and /or Points of Sale by using the Clave Card are understood as performed or authorized by the CUSTOMER. In the event of loss or theft, the CUSTOMER is obliged to give immediate notice to the Bank and shall be responsible for the use made of the same by a third party, with or without false signature, until the written notification to the Bank, and this one has acknowledged receipt in writing of said notification, which shall be made in a form provided by THE BANK. • In the event of forgetting the PIN, THE CUSTOMER may request a new one, at any THE BANK branches at the cost defined by the BANK, which may be modified by THE BANK from time to time without prior notice. • THE BANK shall establish the daily limits of the transactions that are performed through the local Automated Teller Machines (Clave System) and international (PLUS) and Point of Sale in local shops. These limits established by THE BANK are subject to the availability of funds in the account(s) related to the Card. • The Card is not transferable and it is owned by THE BANK and may be canceled or retained by THE BANK at any time and without prior notice. • If the Related Account(s) has more than one holder, THE BANK may issue a Main Card to each one of them. In such case, each of the Customers shall be jointly and severally liable to the Bank for any obligations arising from the use of the respective Card in connection with the Related Account(s), being understood that the reference to the "Customer" in this Regulation shall be understood as a reference to each of them. • THE CUSTOMER may under his responsibility and risk, request the Bank, who depending on the type of Card, may or may not issue additional cards up to a maximum of four (4) cards for each issued Main Card. These additional cards are subject to the Terms and Conditions contemplated in the present regulation. • THE BANK is empowered to set the costs of the Card and the right to use it at points of sale and at Automated Teller Machines, which may vary from time to time and without prior notice. THE BANK is authorized by THE CUSTOMER to debit any bank account held by the CUSTOMER in the BANK, all charges for membership, issuance, replacement, use, commissions, and insurance and for all transactions made with the Card. • THE BANK shall not be liable in any case for deficiencies due to the lack of electrical fluid or mechanical malfunction or force majeure of any of the Automated Teller Machines and Points of Sale. THE BANK shall not be responsible for the merchandise or service purchased by THE CUSTOMER, any discrepancy shall be treated directly between THE CUSTOMER and the business in which the transaction was performed. • THE CUSTOMER shall accept the physical and logical records left by the Automated Teller Machines TM and /or the Points of Sale when the transaction is made in such equipment. If for any reason the amount of money received in Automated Teller Machines differs from the amount recorded on the receipt, THE BANK may charge the bank account(s) of THE CUSTOMER for the difference between the two figures. • When a Customer desires to make a claim to the Bank for any Automated Teller Machine and / or Point of Sale transactions that he deems to be incorrect, he shall submit the complaint in writing, within a maximum of 45 (forty-five) calendar days from the date of the claimed transaction; After this period the claim shall not be accepted by THE BANK. • In the event of payment to public services or other commitments, THE CUSTOMER is fully responsible for the payments (amount to be paid, date on which the payments are performed). THE CUSTOMER agrees to make payments to public services or other commitments at least three (3) or four (4) business days in advance of the expiration date indicated on the service invoices. Therefore, THE CUSTOMER waives any claims (including damages) present or future against THE BANK for any omission for failure to properly credit those payments to the respective creditors. • The holder(s) of Cards to the name of juridical persons (Commercial Debit Card) or additional subscribers of this document or simply using such Card, for that sole fact, are bound together with THE CUSTOMER Holder of the Related Bank Account, to respond for all obligations deriving from the use of such Card. • THE CUSTOMER shall be jointly and severally liable to the Bank for any overdraft resulting from the use of the Card and accepts as final, definitive and demandable the liquidation to be made by THE BANK in connection with the owed amount, and shall also undertake to pay to the Bank all of the charges (including interest and costs of judicial or extrajudicial collection) resulting from the overdraft. Likewise, THE CUSTOMER authorizes and empowers the Bank to compensate or apply the payment of the overdraft or the amount obtained in the excess of the balance of funds available in the respective account(s) related by transactions or commissions, in any account that THE CUSTOMER maintains with THE BANK, any funds that THE BANK has or could have in the future to the credit of THE CUSTOMER or that are otherwise in the possession of THE BANK by reason of deposits or in any other concept. • To all legal effects, including release of execution, THE CUSTOMER accepts as accurate the amounts appearing in the listing of Audit, books or other registers of THE BANK in connection with the use of the Card and that the certificate to be issued by THE BANK, in connection with the debit balance, as the case may be, shall provide executive merit, and the Customer shall present evidence to the contrary. Likewise, THE CUSTOMER declares that he / she waives the domicile and the proceedings of the executive lawsuit in the event that THE BANK has to appeal to the courts to enforce its rights. • The Criminal Code, in its Chapter VI (MONEY LAUNDERING) Articles 389 and 390 establishes as follows: • Article 389: Whoever receives, deposits, negotiates, converts or transfers goods, money, securities, property or other financial resources, aware that they come from activities related to drug trafficking, qualified fraud, illegal arms trafficking, human trafficking, abduction, extortion, embezzlement, corruption of public servants, acts of terrorism, theft or international traffic of vehicles, stipulated in Panamanian criminal law, in order to conceal or hide their unlawful origin or to help avoid legal consequences of such punishable acts, shall be punished with a penalty of prison from 5 to 12 years and 100 to 200 days-fines. Article 390: sanctioned with the same penalty referred to in the previous article shall be:
GEOGRAPHIC SCOPE OF THE AGREEMENT 4.1 The geographic scope of this Agreement is the trade between ports in North Asia, South Asia, Middle East (including the Arabian Gulf and Red Sea Regions), Northern Europe, Mediterranean, Adriatic, and Black Sea, Egypt, Panama, Mexico, Canada, Central America and the Caribbean on the one hand, and ports on the East, Gulf, and West Coasts of the United States, by any route including via the Panama and Suez Canals or the Cape of Good Hope, on the other, as well as ports and points served via such U.S. and foreign ports (the “Trade”). The specific countries/regions that are within the geographic scope of this Agreement are listed in Appendix A hereto. There shall be no geographic restrictions on the origin or destination of cargo carried on vessels employed in the services established pursuant to this Agreement. In other words, such cargo may originate from or be destined for ports or points outside the geographic scope of this Agreement. The inclusion of any non U.S. trades in this Agreement shall not bring such non U.S. trades under the jurisdiction of the U.S. Federal Maritime Commission or entitle the Parties hereto to immunity from the U.S. antitrust laws with respect to such non U.S. trades.
Scope of the Services 3.1 The services that the Construction Manager shall provide include, but are not limited to those described in the following sections.
Scope of License The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2)
Termination on Insolvency and Change of Control 43.1. The Authority may terminate the Contractor’s interest in the Framework Agreement with immediate effect by notice where in respect of the Contractor:
Scope of Use The Fund will use the System and the Data Access Services only for the processing of securities transactions, the keeping of books of account for the Fund and accessing data for purposes of reporting and analysis. The Fund shall not, and shall cause its employees and agents not to (i) permit any unauthorized third party to use the System or the Data Access Services, (ii) sell, rent, license or otherwise use the System or the Data Access Services in the operation of a service bureau or for any purpose other than as expressly authorized under this Addendum, (iii) use the System or the Data Access Services for any fund, trust or other investment vehicle), other than as set forth herein, without the prior written consent of State Street, (iv) allow access to the System or the Data Access Services through terminals or any other computer or telecommunications facilities located outside the Designated Locations, (v) allow or cause any information (other than portfolio holdings, valuations of portfolio holdings, and other information reasonably necessary for the management or distribution of the assets of the Fund) transmitted from State Street’s databases, including data from third party sources, available through use of the System or the Data Access Services to be redistributed or retransmitted to another computer, terminal or other device for other than use for or on behalf of the Fund or (vi) modify the System in any way, including without limitation developing any software for or attaching any devices or computer programs to any equipment, system, software or database which forms a part of or is resident on the Designated Configuration.
SCOPE OF AGREEMENT Nothing in this Agreement shall be deemed to entitle Executive to continued employment with the Company or its Subsidiaries, and if Executive’s employment with the Company shall terminate prior to a Change in Control, Executive shall have no further rights under this Agreement (except as otherwise provided hereunder); provided, however, that any termination of Executive’s employment during the Termination Period shall be subject to all of the provisions of this Agreement.
Reduction in scope of agreement for fault 19.1.1 If the Grantee does not comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy, or if the Grantee has failed to comply with a notice to remedy, the Commonwealth may by written notice reduce the scope of the Agreement.
Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2
H1 Termination on Insolvency and Change of Control H1.1 The Authority may terminate the Contract with immediate effect by notice in writing and without compensation to the Contractor where the Contractor is a company and in respect of the Contractor:
