Actions by Others. Where Owner is prohibited by this Agreement from directly taking any action, or where action by Owner would constitute a material breach of this Agreement, Owner agrees that it will not encourage, authorize or permit any other person or entity, directly or indirectly or under its direct or indirect control to take such action.
Actions by Others. The Escrow Agent shall have no more or less ----------------- responsibility or liability on account of any action or omission of any book- entry depository, securities intermediary or other sub-escrow agent employed by the Escrow Agent than any such book-entry depository, securities intermediary or other sub-escrow agent has to the Escrow Agent, except to the extent that such action or omission of any book-entry depository, securities intermediary or other sub-escrow agent was caused by the Escrow Agent's own gross negligence, bad faith or willful misconduct in breach of this Agreement.
Actions by Others. Construction Manager’s warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Construction Manager or anyone for whose acts Construction Manager may be responsible and/or liable.
Actions by Others. Without limiting the generality of the foregoing, it is understood and agreed by the parties hereto that any breach or violation of the restrictions set forth above in this Section 7.3 by any Representative of the Company shall be deemed to be a breach of this Agreement by the Company.
Actions by Others. The Company (1) shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Company) by reason of the fact that he or she is or was a director or an officer of the Company and (2) except as otherwise required by Section 13.3 herein, may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Company) by reason of the fact that he or she is or was an employee or agent of the Company, or is or was serving at the request of the Company as a director, officer, employee, agent of or participant in another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys’ fees), judgments, fines and amounts actually and reasonably incurred by such person in connection with such action, suit or proceeding if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the person did not act in good faith and in a manner which such person reasonably believed to be in or not opposed to the best interests of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.
Actions by Others. Lessee shall be responsible to ensure compliance with this Agreement by all persons using the Premises or claiming through or under Lessee or this Agreement. Lessee shall prevent all such persons from doing anything which this Agreement prohibits Lessee from doing.
Actions by Others. Contractor’s warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Contractor or anyone for whose acts Contractor may be responsible and/or liable.
Actions by Others. Wireless Provider shall be responsible to ensure compliance with these Standard Terms by all persons using the Right-of-way through or under Wireless Provider or these Standard Terms.
Actions by Others. RETIREE agrees and covenants that neither she nor any person, organization or other entity on her behalf, will file, charge, claim, sue or cause or permit to be filed, any individual action or class action for damages, including injunctive, declaratory, monetary relief or other, against the RELEASED PARTIES hereunder, involving any matter whatsoever which occurred at any time in the past up to date of this AGREEMENT or involving any continuing effects or any acts or practices which may have arisen or occurred prior to the date of this AGREEMENT. It is understood that if a class action is filed, that the mere filing of said action does not place RETIREE in breach of this AGREEMENT provided that she takes reasonable steps with all due speed to remove herself from the class.
Actions by Others. Where Licensee is prohibited by this Agreement from directly taking any action, or where action by Licensee would constitute a Default, Licensee agrees that it will not encourage, authorize or permit any other person or entity, directly or indirectly or under its direct or indirect control to take such action.
