Responsibilities of the Administrator Clause Examples

Responsibilities of the Administrator. Except (i) as otherwise provided by this Agreement; and (ii) with respect to any Legally Required Actions, the Administrator, on behalf of the Company, shall be responsible for all state insurance department and, subject to prior review and approval by the Company, federal and state securities law filings (including, but not limited to, filings of riders and amendments), compliance with all regulatory requirements and the taking of all required actions with respect to Governmental Authorities relating to the Policies, the Post-Closing Policies and Separate Accounts. Nevertheless, if the Company or the Administrator receive notice of, or otherwise become aware of any inquiry, investigation, examination, audit or proceeding by Governmental Authorities, relating to the Policies, the Post-Closing Policies or Separate Accounts, the Company or the Administrator, as applicable, shall promptly notify the other party thereof, whereupon the parties shall cooperate in good faith to resolve such matter in a mutually satisfactory manner and shall act reasonably in light of the parties' respective interests in the matter at issue. The parties recognize that, as the issuing companies, XXXX and ALIAC retain ultimate responsibility for the resolution of the matters described in this section. Notwithstanding the immediately preceding sentence, the Administrator shall not be relieved or discharged from any liability or obligation which it has incurred or assumed in connection with such matter under the terms of this Agreement or any of the Asset Purchase Agreement, XXXX Coinsurance Agreement, ALIAC Coinsurance Agreement, NY Modified Coinsurance Agreement or other Ancillary Agreements.

Responsibilities of the Administrator. The Administrator is responsible for providing authorization and direction to the Sub-Administrator with respect to the CFTC Services. The Administrator is responsible for arranging, in each case where appropriate, for the review and comment by Administrator’s or the Trust’s independent accountants and legal counsel of CFTC financial information, reports and any filings prepared by the Sub-Administrator. In addition, the Administrator is solely responsible for determining Trust’s status as a CPO, and/or Trust’s eligibility for an exclusion from classification as a CPO. The Administrator shall be responsible for accurately and timely supplying the Sub-Administrator with complete financial, organizational and other information, and/or arranging for the provision of such information from third parties, as may be required in order for the Sub-Administrator to provide the CFTC Services, and any information requested by the Sub-Administrator in connection with the foregoing. The Sub-Administrator is authorized and instructed to rely upon the information it receives from the Administrator, the Trust or any third party (including, without limitation, the Trust’s third party administrator(s), custodian(s), prime broker(s), and other service providers to the Trust) authorized by the Administrator or the Trust to provide such information to the Sub-Administrator and on any instructions received from the Administrator or the Trust. The Administrator, the Trust and any third party from which the Sub-Administrator shall receive or obtain certain records, reports and other data included in the CFTC Services provided hereunder are solely responsible for the contents of such information, including, without limitation, the accuracy thereof, and the Sub-Administrator shall be entitled to rely on such records, reports and other data as provided to the Sub-Administrator by the Administrator, the Trust or any third party, and any instructions provided to the Sub-Administrator by the Administrator or the Trust, and shall have no responsibility for making any interpretive determinations with respect thereto. The Sub-Administrator has no responsibility to review, confirm or otherwise assume any duty with respect to the accuracy or completeness of any such information, or instructions, and shall be without liability for any loss or damage suffered by the Administrator or the Trust as a result of the Sub-Administrator’s reliance on and utilization of such information or instructions...

Responsibilities of the Administrator. A. The ADMINISTRATOR shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, specifications, other documents and data used or produced by or at the behest of the ADMINISTRATOR under this Agreement. The ADMINISTRATOR shall, without additional compensation, correct or revise any errors or deficiencies in its reports, designs, specifications, other documents and data. B. If the ADMINISTRATOR is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder. C. The ADMINISTRATOR warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the ADMINISTRATOR), to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the ADMINISTRATOR; any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement. D. Prior to entering into this Agreement, the ADMINISTRATOR shall file a sworn statement with the SCHOOL BOARD as described for Public Entity Crimes of the Florida Statutes, Chapter 287.133, and the ADMINISTRATOR shall thereafter comply with Florida Statutes concerning such activities. E. The ADMINISTRATOR shall comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. F. The ADMINISTRATOR shall maintain books, records, documents, and other evidence directly pertaining to or connected with the services under this Agreement which shall be available and accessible at the ADMINISTRATOR'S offices for the purpose of inspection, audit, and copying during normal business hours by the SCHOOL BOARD, or any of its authorized representatives. Such records shall be retained for a minimum of three (3) years after completion of the services.

Responsibilities of the Administrator. The duties and responsibilities of the Administrator include but shall not be limited to the following: A. To establish and enforce such rules, regulations and procedures as it shall deem necessary or proper; B. To interpret the Plan, and to decide all other questions concerning the Plan; C. To determine the eligibility of a person to participate in the Plan; D. To compute the amount of benefits payable with respect to a Participant or Beneficiary in accordance with the provisions of the Plan; E. To determine the person or persons to whom such benefits shall be paid; F. To authorize the payment of benefits and reasonable Plan administrative expenses; G. To file with each appropriate government agency any and all reports and notifications required of the Plan; H. To provide Participants with any and all reports and notifications to which they are by law entitled; I. To file for letters of determination from the Internal Revenue Service as to the tax qualified status of the Plan and any related trust as appropriate; J. To maintain appropriate accounts and records for the Plan, and to keep in convenient form the data necessary for administering, funding and preparing the annual audit and other reports for the Plan; K. To engage an independent qualified public accountant to perform an annual audit of the Savings Fund; L. To establish procedures providing for periodic review of the performance, on a formal basis or otherwise, of any person or persons who have been engaged by the Administrator to render advice with regard to any responsibility the Administrator may have under the Plan; M. To employ such consultants, including without limitation one or more attorneys (who may also serve as counsel to one or more of the Employing Companies), as it deems appropriate; and N. To develop procedures for determining whether a “domestic relations order,” as that term is defined at Section 414(p)(1)(B) of the Internal Revenue Code, constitutes a “qualified domestic relations order,” as that term is defined at Section 414(p)(1)(A) of the Internal Revenue Code.

Responsibilities of the Administrator. 13.1. The Administrator shall provide the User with access to the full information entered in the environment (except part of the Business and personal details). 13.2. When introducing changes into the functioning of the Freight Portal, the Administrator shall inform the Users thereof through the Freight Portal or by e-mail. 13.3. The Administrator shall help the users of the environment in every aspect, offering them free help in the form of consultation by phone during office hours (8.00 – 17.00 on workdays) during the first subscription month, and to reply by e-mail to questions about the working of the environment in a reasonable period after receiving the question or notification. 13.4. After the payment of the invoice issued by the Administrator, the Administrator is obligated to issue a password to the Registered User in 48 hours.

Responsibilities of the Administrator. Section 2.01. The Administrator shall make reasonable efforts to secure the services of the Consultants, ensure the availability of adequately qualified local counterpart staff, and shall review for approval the specifications of equipment and vehicles and the related operating costs. Section 2.02. The Administrator shall utilize the Grant to finance, on a grant basis, the following expenditures: (a) In connection with the services of the Consultants: (i) remuneration, per diem and other allowances;

Responsibilities of the Administrator. 5.1. The Administrator takes all possible measures to ensure access to the System and is not responsible for: 5.1.1. Errors in the functionality of the System or the loss of data regarding companies or Users, which are caused by events that are beyond the Administrators control; 5.1.2. for lack of access or incomplete access to the System due to improper operation or breakdown on the side of the web contractor which provides web hosting services, or server placement inside the data center; 5.1.3. inaccessibility of the System caused by incorrect operation of the software or technical means of the User; 5.1.4. System malfunctions as a result of force majeure, factors beyond the control of the Administrator, including unauthorized interference with the System by Users or third parties, for example, DDoS attacks, SQL-injections, Cross-Site Scripting, Cross-Site Request Forgery, Man-In-The-Middle, Clickjacking, Brute Force, etc.; 5.1.5. the information published by Users in the System (for example, load and transport offers) and the outcomes of its use by other Users, including when concluding transactions, signing contracts, carrying out transport or forwarding, etc. 5.2. The Administrator reserves the right for a short time (no more than 48 hours) to restrict access to the System for all Users to carry out technical work. 5.3. The Administrator is not a party to the contractual relationship that has arisen between the Companies or Users in using the information provided by the System.

Responsibilities of the Administrator. The Administrator shall perform the administration services set forth in Schedule A to this Agreement and the fund accounting services set forth in Schedule B to this Agreement. The Administrator shall perform such other services, and furnish such other reports, for the Fund that are mutually agreed upon by the parties from time to time, for which the Fund will pay the Administrator the amounts agreed upon between them. This Agreement uses the term “Services” to refer to the services described in Schedules A and Schedule B, as well additional services as agreed by the parties. The Administrator may, at its expense, utilize agents in its performance of Services; provided, however, that (i) the approval of the Fund shall be required to establish an arrangement in which an agent of the Administrator acts as sub-administrator or sub-fund accountant (an “Agent”); and (ii) any agent (including any Agent) retained by the Administrator shall be the agent of the Administrator and not the agent of the Fund, and the Administrator shall be fully responsible for the acts of any such agent (or Agent) and shall not be relieved of any of its responsibilities hereunder by the appointment of such agent (or Agent). In the event that an Agent is retained by the Administrator at the request or instruction of the Fund, the foregoing shall not apply to the extent it is inconsistent with any written agreement(s) entered into by the parties with respect to such arrangement.

Responsibilities of the Administrator. The Administrator shall be responsible for: (A) preparing, printing and disseminating the Notice and Claim Form to the Class and any other notices required by the Court or by law; (B) copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Party (C) establishing a website where Class Members may view the Notice and Claim Form and full Agreement; (D) promptly furnishing to counsel for the Parties copies of any Opt-out Statements, objections or other written or electronic communications from Class Members which the Administrator receives; (E) keeping track of Opt-out Statements and objections, if any, including maintaining the original mailing envelope in which the request was mailed; (F) mailing all required Tax Forms to Class Members and to Class Counsel as provided herein; (G) setting up a Settlement Account to be used for the distribution of all Settlement Checks as well as the distribution of other Court-approved amounts, including to Class Counsel, the Administrator, and Named Plaintiffs; the Settlement Account shall be used to hold funds in escrow until distribution as authorized by this Agreement and Court order; (H) calculating the portion of the Net Settlement Fund allocated to each Class Member in accordance with this Agreement; (I) keeping track of returned Claim Forms and Tax Forms; (J) calculating the amount of each Settlement Check to be sent to Participating Claimants who have returned all Tax Forms; (K) calculating the employer-side payroll taxes required pursuant to the settlement; (L) calculating, withholding, and paying each Participating Claimant’s withholding taxes and preparing and mailing appropriate tax forms for Defendant, Class Counsel, and for each Participating Claimant who has returned all Tax Forms; (M) mailing the Settlement Checks to Participating Claimants who have timely returned all Tax Forms complete and executed; (N) responding to inquiries of Class Members regarding procedures for filing objections and Opt-out Statements; (O) referring to Class Counsel all inquiries by the Class regarding matters not within the Administrator’s duties specified herein; (P) responding to inquiries from Class Counsel and Defense Counsel consistent with the Administrator’s duties specified herein;