Liability of the. Custodian with Respect to Use of Securities Systems and Foreign Depositories - With respect to the portfolio securities, cash and other property of the Fund held by a Securities System or by a Foreign Depository utilized by the Custodian or any Subcustodian, the Custodian shall be liable to the Fund only for any loss or damage to the Fund resulting from use of the Securities System or Foreign Depository if caused by any negligence, misfeasance or misconduct of the Custodian or any of its Agents (as said term is defined in Section 6.6) or of any of its or its Agents' employees or from any failure of the Custodian or any such Agent to enforce effectively such rights as it may have against the Securities System or Foreign Depository. At the election of the Fund, it shall be entitled to be subrogated to the rights of the Custodian with respect to any claim against the Securities System, Foreign Depository or any other person which the Custodian may have as a consequence of any such loss or damage to the Fund if and to the extent that the Fund has not been made whole for any such loss or damage.
Liability of the. Servicer Section 6.02 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer Section 6.03 Limitation on Liability of the Servicer and Others Section 6.04 Servicer Not to Resign Section 6.05 Delegation of Duties Section 6.06 Servicer to Pay Indenture Trustee's and Owner Trustee's Fees and Expenses; Indemnification
Liability of the. Subcustodian with Respect to Use of Securities Systems and Foreign Depositories, is amended by the insertion of the following at the end of said Section: "Notwithstanding anything in this Agreement to the contrary, neither the Subcustodian nor the Sub-Subcustodian shall be responsible or liable to the Custodian a Fund or its shareholders for the acts or omissions of a Foreign Depository in Russia, and in addition, neither the Subcustodian nor a Sub-Subcustodian shall be responsible or liable to the Custodian, a Fund or its shareholders for the failure of the Subcustodian or Sub-Subcustodian to assert rights effectively against any such Foreign Depository unless due to the negligence, fraud, or willful default of the Subcustodian or Sub-Subcustodian."
Liability of the. [Commission][Agency][additional OPTION for experts managed by XXX for non-REA calls: or [the Commission][INEA][EASME] The [Commission][Agency] [additional OPTION for experts managed by REA for non-REA calls: or the [Commission][INEA][EASME]] cannot be held liable for any damage caused to the expert as a consequence of performing the Contract, except in the event of wilful misconduct or gross negligence.
Liability of the. FHCF (1) The SBA shall reimburse the Company, with respect to each Covered Event commencing during the Contract Year for the “Reimbursement Percentage” elected, this percentage times the amount of Ultimate Net Loss paid by the Company in excess of the Company’s Retention, as adjusted pursuant to Article V(28), plus 5% of the reimbursed Losses for Loss Adjustment Expense Reimbursement. (2) The Reimbursement Percentage will be 45% or 75% or 90%, at the Company’s option as elected under Article XIX. FHCF-2017K 2 Rule 19-8.010 F.A.C.
Liability of the. Reinsurer under the reinsurance contract shall commence from the day of conclusion of such contract, but not earlier than the inception of the original insurance contract, unless otherwise is established in the reinsurance contract.
Liability of the. Consultant (a) Subject to Clause GC 5.2, the Consultant shall be responsible for, and shall indemnify the Client, in respect of any loss or damage in whole or in part. (b) The Consultant undertakes full responsibility in respect of life, health, and accidents for the Personnel and for the dependents of any such Personnel. (c) The Consultant shall indemnify the Client from and against any and all claims, liabilities, obligations, losses, damages, penalties, actions, judgment, suits, proceedings, demands, costs, expenses and disbursements of whatsoever nature that may be imposed on, incurred by or asserted against the Client during or in connection in the Services by reason of: (i) infringement or alleged infringement by the Consultant of any patent or other protected right; or (ii) plagiarism or alleged plagiarism by the Consultant. (d) The Consultant shall ensure that all goods and services (including without limitation all computer hardware, software and systems) procured by the Consultant out of funds provided or reimbursed by the Client or used by the Consultant in the carrying out of the Services do not violate or infringe any industrial property or intellectual property right or claim of any Third Party. (e) The Consultant shall indemnify, protect and defend at their own expense the Client, and its agents and employees from and against any and all actions, claims, losses or damages arising out of Consultant’s failure to exercise the skill and care required under Clause GC 3.1.1 provided, however: (i) that the Consultant is notified of such actions, claims, losses or damages not later than the number of months after conclusion of the Services indicated in the SC. (ii) that the ceiling on Consultant’s liability shall be limited to the amount indicated in the SC, except that such ceiling shall not apply to actions, claims, losses or damages caused by Consultant’s gross negligence or reckless conduct. (iii) that Consultant’s liability under Clause GC 3.1.1 shall be limited to actions, claims, losses or damages directly caused by such failure to exercise the said skill and care, and shall not include liability for any actions, claims, losses or damages arising out of occurrences incidental or indirectly consequential to such failure. (f) In addition to any liability the Consultant may have under Clause GC 3.1.1, the Consultant shall, at its own cost and expense, upon request of Client, re-perform the Services in the event of Consultant’s failure to exerc...
Liability of the successful bidder The successful bidder shall be responsible for all due permissions, authorizations and consents from any third party licensors of software provided by the bidder for this project. The liability of the bidder, regardless of the nature of the action giving rise to such liability and in case of claims against the LIC arising out of misconduct or gross negligence of the bidder, its employees and subcontractors or through infringement of rights, patents, trademarks, copyrights, Intellectual Property Rights or breach of confidentiality obligations shall be unlimited. 21.5
Liability of the. Custodian for Actions of Others 17 (a) Domestic Subcustodians (b) Liability for Acts and Omissions of Foreign Subcustodians 17 (c) Securities Systems, Interim Subcustodians, Special Subcustodians, Securities Depositories and Clearing Agencies 17 (d) Defaults or Insolvencies of Brokers, Banks, Etc. 17 (e) Reimbursement of Expenses 17
Liability of the. Custodian with Respect to Subcustodians The Custodian shall be liable to the Fund for any loss or damage to the Fund caused by or resulting from the acts or omissions of any Subcustodian to the extent that under the terms set forth in the subcustodian agreement between the Custodian and the Subcustodian (or in the subcustodian agreement between a Subcustodian and any secondary Subcustodian), the Subcustodian (or secondary Subcustodian) has failed to perform in accordance with the standard of conduct imposed under such subcustodian agreement as determined in accordance with the law which is adjudicated to govern such agreement and in accordance with any determination of any court as to the duties of said Subcustodian pursuant to said agreement. The Custodian shall also be liable to the Fund for its own negligence in transmitting any instructions received by it from the Fund and for its own negligence in connection with the delivery of any securities or funds held by it to any Subcustodian.
