Terms and Conditions of Appointment as an Insurance ... - Aviva

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Terms and Conditionsliquidation or entering into a compositionwith any creditors, or having a receiver orexaminer appointed;(d) if the Intermediary is in breach of anyof its obligations under these T&Cs andhas not remedied that breach to thesatisfaction of Aviva within 28 BusinessDays of that breach having occurred.6.1.5 The payment of commission shall constitutethe entire payment by Aviva to theIntermediary in respect of the Business andthe Intermediary shall not be entitled to anyother payment. In particular but withoutlimitation the Intermediary shall not beentitled to any other payment in respectof any expenses or outlays incurred by theIntermediary in connection with or pursuantto the terms of these T&Cs. The Parties agreethat all payment for the carrying on of theBusiness should be compliant with ApplicableLaws and Regulations.6.2 Supply of DocumentsAviva shall as it considers reasonable andappropriate to its role as underwriter of theInsurance Policies:6.2.1 at its own expense, supply the Intermediarywith or make available to the Intermediaryrelevant and reasonable information anddocumentation relating to Aviva and theInsurance Policies to enable the Intermediaryto properly carry on of the Business and carryout its obligations under these T&Cs;6.2.2 at its own expense, supply the Intermediarywith or make available to the Intermediarysuch catalogues, pamphlets and otheradvertising or marketing material to enablethe Intermediary to carry on the Business andcarry out its obligations under these T&Cs.6.3 Response to Information RequestsAviva shall, unless it determines that it isinappropriate to do so by reason of anyconflict with Applicable Laws and Regulations,Client confidentiality, market practice orotherwise, use its best endeavours to:6.3.1 reply promptly to any reasonable requestsfor information in relation to the InsurancePolicies from the Intermediary;6.3.2 deal promptly with any proposals,correspondence and claims in relation to theInsurance Policies for Clients, submitted to itby the Intermediary and shall communicateits decision on any proposal or claim to theIntermediary as soon as practicable after suchdecision has been made;6.3.3 deal promptly with any requests or enquiriesfrom the Intermediary relating to theInsurance Policies for Clients and use its bestendeavours fully to support the Intermediaryin the conduct of its business for the purposeof fulfilling its obligations under these T&Cs.6.4 Notification of InformationAviva shall notify the Intermediary of thefollowing as soon as reasonably practicable:6.4.1 of any change in the business address,telephone or fax number, e-mail address orother contact details of Aviva;6.4.2 if Aviva’s authorisation as an insuranceundertaking is revoked or notice is received ofan intention to revoke or if Aviva otherwiseceases to be authorised to conduct ¬lifeassurance in the Territory;6.4.3 if Aviva enters into liquidation or entersinto a composition or arrangement with itscreditors or has a receiver appointed over allor any part of its assets or has an examinerappointed, or being a partnership is dissolved.SECTION 7.0 - CLIENT INSTRUCTIONS7.1 Client InstructionsIf any Client instructs Aviva in writingthat they desire some other person to beregarded as intermediary in relation to anInsurance Policy, then Aviva shall notify theIntermediary and thereafter, Aviva shall bereleased and discharged from its obligationsunder these T&Cs and any other agreementbetween the Parties in so far as that Clientis concerned, save only as regards anycommissions that might be payable, subjectto and in accordance with Clause 6.1 andthe Commission Arrangements, to theIntermediary in respect of Insurance Policiesissued by Aviva prior to the date of suchinstruction from the Client.
Terms and ConditionsSECTION 8.0 - PROPERTY OF AVIVA8.1 Property of AvivaAviva’s Property shall remain the soleproperty of Aviva and shall be held by theIntermediary at the absolute disposal of Avivaat all times and in all circumstances.SECTION 9.0 - INTELLECTUAL PROPERTY9.1 Intellectual PropertyThe Intermediary shall not use the name,logo, marketing device or other trade marklicensed to or owned by Aviva without theexpress permission of Aviva, nor shall anyintellectual property rights in the same betransferred to the Intermediary as a result ofthese T&Cs. All intellectual property rights inAviva’s Property remain with and vested inAviva.SECTION 10.0 - TERM AND TERMINATION10.1 TermThese T&Cs shall have immediate effect fromthe date of receipt by the Intermediary andshall continue until terminated in accordancewith the provisions of this Clause 10.10.2 Termination by NoticeThis appointment may be terminated byeither of the Parties any time by 28 BusinessDays prior written notice sent to the lastknown address of the other Party.10.3 Termination Events10.3.1 Aviva shall have the right to terminate thisappointment forthwith if:(a) the Intermediary is in breach of anyof the provisions of these T&Cs whichbreach has been brought to the attentionof the Intermediary by notice in writingfrom Aviva, and the Intermediary has notremedied such breach to the satisfactionof Aviva (if such breach is capable ofremedy) within 14 Business Days (or suchlonger period if any as Aviva may in itsabsolute discretion specify) of the dateof the said notice; or(b) the Intermediary’s licence, permit,authorisation, registration or approvalwhich are necessary for the conduct ofits business in the Territory is revokedor notice is received of an intention torevoke, or the Intermediary otherwiseceases to be authorised to conduct thebusiness of an insurance intermediary inthe Territory; or(c) the Intermediary, being an individual,dies or is adjudicated bankrupt, orbeing a company, becomes insolventor enters into liquidation or enters intoa composition or arrangement with itscreditors or has a receiver appointedover all or any part of its assets or hasan examiner appointed, or being apartnership is dissolved; or(d) there is a Change in Control in theownership of the Intermediary or there isa substantial change in the managementteam of the Intermediary or a substantialdisposal or diminution in the assetsof the Intermediary and Aviva has notconsented to the continued validity ofthe appointment within 21 days of thechange; or(e) any event occurs or is likely to occur, orany act or omission of any party results inor is likely to result in potential or actualdamage to the reputation of Aviva or anyof its affiliates; or(f) if either Party is requested by the CentralBank of Ireland in writing, to terminatethis appointment.SECTION 11.0 - CONSEQUENCES OFTERMINATION11.1 Consequences of Termination11.1.1 On termination of this appointment:(a) the Intermediary shall immediately ceaseto be authorised to carry on the Businessor act as an insurance intermediary inrespect of the Insurance Policies or onbehalf of Aviva in any manner and shallimmediately:(i)pay to Aviva all monies properly dueto Aviva;(ii) return Aviva’s Property to Aviva;(iii) cease to use such documents andsoftware which it had used in
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