Apportionment of Liabilities. Unless otherwise specified, each party agrees to be solely responsible for the liabilities associated with each asset awarded to such party as provided in Section 1 hereof and any other debt in their separate names.
Apportionment of Liabilities a. If MA/JS suspects or was informed about an irregular use of granted funds it shall imply follow-up actions, such as suspending the reimbursement of the financing related to the lead partner or project partner and expenditure under examination, withdrawal or reduction of the Programme co-financing, recovery of granted funds.
b. The MA/JS shall ensure that any amount paid as a result of an irregularity is recovered from the lead partner. Project partners shall repay the lead partner any amounts unduly paid.
c. If the lead partner does not succeed in securing repayment from project partners, or if the MA/JS does not succeed in securing repayment from the lead partner, the partner country, on whose territory the project partner concerned is located or, in the case of an EGTC, is registered, shall reimburse the MA/JS the amount unduly paid to that project partner. Therefore the partner country shall be entitled to claim the unduly paid funds from the project partner concerned. The MA/JS shall be responsible for reimbursing the amounts concerned to the general budget of the Union.
d. By signing this Agreement, the partner country confirms its liability to reimburse the MA the amounts due in accordance with Article 27 of Regulation (EU) No 1299/2013 and Article 147 of Regulation (EU) No 1303/2013.
e. Where the MC in agreement with the MA and the partner country decides that XX.XX shall initiate or continue legal proceedings to recover amounts unduly paid from a beneficiary, the partner country liable according to Article 27(3) of Regulation (EU) No 1299/2013 undertakes to reimburse the XX.XX the judicial costs and costs arising from the proceedings, on presentation of documentary evidence, even if the proceedings are unsuccessful. It will always be the partner country covering the costs of corresponding legal proceedings.
Apportionment of Liabilities. 23 7. Each party is assigned the following indebtedness, respectively, and as part of the 24 consideration for this agreement does indemnify and hold the other harmless from any and 25 all liability thereon.
27 a. Wife is responsible for the debts and liabilities listed on schedule WD, attached 28 hereto and incorporated herein.
30 b. Wife is responsible for the debts and liabilities marked with a “W” on the inventory 31 which is attached hereto and incorporated herein.
33 c. Husband is responsible for the debts and liabilities listed on schedule HD, attached 34 hereto and incorporated herein. 35 36 d. Husband is responsible for the debts and liabilities marked with an “H” on the 37 inventory which is attached hereto and incorporated herein. 39 Income Tax Considerations 40 41 8. The Internal Revenue Service obligations of the parties shall be paid as follows:
43 a. For calendar year 201 the parties will file separate individual returns and each be 44 responsible for taxes on their own income.
2 b. The tax refund, if any, for 201 is awarded to GHusband – GWife – Gboth, divided 3 equally. 5 Spousal Support
Apportionment of Liabilities. (a) Except as otherwise provided in the Agreement, the Concessionaire will be responsible for:
(i) all liabilities and obligations in relation to the Project Facilities, as applicable; and
(ii) the performance of all obligations under agreements with third parties in relation to the Project Facilities, as applicable that have accrued prior to the Buy-Out Date.
(b) Except as otherwise provided in the Agreement, the Grantor shall be responsible for:
(i) all liabilities and obligations in relation to the operation of the Xxxxxx HPPs; and
(ii) all liabilities and obligations in relation to all agreements with third parties that have been transferred pursuant to this Schedule 3 that arise after the Buy-Out Date.
(c) Following the Buy-Out Date, each of the Concessionaire and the Grantor shall indemnify and keep the other fully and effectually indemnified against all liabilities, demands, claims, actions, proceedings, damages, costs, and expenses arising as a result of all such liabilities and obligations that are its respective responsibility under Section 4.2(a) of this Schedule and Section 4.2(b) of this Schedule.
Apportionment of Liabilities. It is recognized that some events giving rise to Liabilities may potentially begin prior to the Exit Date and continue after the Exit Date; in such event, responsibility will be apportioned based on the relative time periods before and after the Exit Date and pursuant to the provisions of Sections 20.2 and 20.3.
Apportionment of Liabilities. 11.1 To the extent that it is impracticable or impossible to determine:
11.1.1 where the source of Migrating Innovene Contamination or Migrating BP Contamination is located on a Shared Site, that it is exclusively located on the part of the Shared Site owned by the Relevant Member of the Innovene Group or the part of the Shared Site owned by the Relevant Member of the BP Group as the case may be ; and/or
11.1.2 that the acts or omissions after the Completion Date of one of the Parties as opposed to the acts or omissions of the other party at or affecting a Shared Site have been solely responsible for Migrating Innovene Contamination or Migrating BP Contamination as the case may be; the Relevant Member of the Innovene Group and the Relevant Member of the BP Group shall be jointly responsible for any Environmental Losses in respect of such Migrating Innovene Contamination or Migrating BP Contamination as the case may be and such Environmental Losses shall be borne by the Relevant Member of the Innovene Group and the Relevant Member of the BP Group in proportions equivalent to the area of their relative landholdings at the relevant Shared Site at the time when the parties or any of them first receive a request from a Regulatory Authority or third party that the Contamination be subject to Remedial Action (or a notification from a Regulatory Authority that it intends to classify land exposed to or affected by the presence of Hazardous Materials as “contaminated”), and for the purposes of apportioning liability under this provision where such request or notification has been received prior to the Completion Date, the landholding of the Relevant Member of the Innovene Group at the time of the receipt of the request or notification shall be deemed to be the Relevant Member of the Innovene Group’s landholding at the Shared Site at the Completion Date.
11.2 To the extent that any under or above ground non-operational the Completion Date structure or container or tank (a “Structure”) is in any way related to the presence of Hazardous Materials in the Environment and is situated such that it is present on, in or under both the Relevant Member of the BP Group’s and the Relevant Member of the Innovene Group’s landholding at a Shared Site and the presence of such Structure is to be addressed as part of any Remedial Action, the Environmental Losses associated with such Remedial Action related to the structure shall be borne in equal shares by the Relevant Member of the B...
Apportionment of Liabilities. Subject to Article 6, Connetics shall assume and be responsible for all liabilities related to the Product (including Product that is used, sold or distributed on behalf of Connetics by Roche) and the use of the Assets incurred on or after the Closing Date, including any cost, claim, expense, loss or liability arising from any product liability claim or lawsuit or any FDA or other governmental agency action or notification relating to actions taken or omissions to act from and after the Closing Date (except to the extent that the cost, claim, expense, loss or liability claimed relates to a Product supplied to Connetics by Roche where the claim arises from the manufacture of the Product) (collectively the "Assumed Liabilities"). Roche shall retain and be responsible for all liabilities related to the Product and the use of the Assets incurred before the Closing Date, including unripened liabilities due to past actions or sales (collectively the "Retained Liabilities").
Apportionment of Liabilities. Subject to Article 6, Connetics shall assume and be responsible for all liabilities related to the Sales Force incurred on or after the Transition Date (collectively the “Assumed Liabilities”). PediaMed shall retain and be responsible for all liabilities related to the Sales Force incurred before the Transition Date, including specifically all accrued salary, bonus, benefits, severance, and pending claims of any nature (collectively the “Retained Liabilities”). The Parties acknowledge that the Retained Liabilities include a commitment made by PediaMed before the date of this Agreement to fund a President’s Council trip in 2006 for PediaMed sales force winners from 2005, provided, however, that PediaMed’s exposure for the event shall be limited to the amount of $15,000 payable to Connetics.
Apportionment of Liabilities. 3.1 PMF and PFIZER remain responsible for all liabilities incurred with respect to the assets and rights sold under this Agreement for any periods before the Closing Date, 00:00 h. PMF and PFIZER indemnify the Purchaser with respect to any such pre-Closing liabilities.
3.2 The Purchaser is responsible for all liabilities incurred with respect to the assets and rights sold under this Agreement for any periods after the Closing Date, 00:00 h. The Purchaser indemnifies PMF and PFIZER with respect to any such post-Closing liabilities.
Apportionment of Liabilities. (a) Save as otherwise provided in this Agreement, the Government will be responsible for all liabilities and obligations in relation to the Development and Operation of the Sub Project at all times on or after the Transfer Date (or, if earlier, the Termination Date if so elected by the Sponsor in its sole discretion).
(b) Following the Transfer Date (or, if earlier, the Termination Date if so elected by the Sponsor in its sole discretion), the Government shall indemnify (and keep indemnified) and hold the Sponsor harmless from and against all Losses arising as a result of all such liabilities and obligations which are its respective responsibility under paragraph 3(a).
