Borrower's Responsibilities.
11.1 You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.
11.2 You shall be responsible for ensuring the proper performance of your Equipment. We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall we be responsible for any computer virus or malicious code or program or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any Mobile Money Services Provider, Mobile Network Provider and/or any service provider providing you any relevant services with connection to the Network and we shall not be responsible for losses or delays caused by any such service provider.
11.3 You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by us concerning the use of the System and the Services.
11.4 You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any person. We shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold Zenka harmless from any losses resulting from any disclosure of your Credentials.
11.5 You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Zenka are examined and checked by you as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.
11.6 You shall immediately inform Zenka in the event that:
(a) you have reason to believe that your Credentials are or may be known to any person not authorised to know the same and/or have been compromised; and/or
(b) you have reason to believe that unauthorised use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
11.7 You shall at all times follow the security procedures notified to you by Zenka from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended secur...
Borrower's Responsibilities. (a) Subject to the rights set forth in Section 8.2, Borrower will be specifically and solely responsible for causing all maintenance, repair and management functions performed in connection with the Project, including selection of tenants, recertification of income and household size, evictions, collection of rents, routine and extraordinary repairs and replacement of capital items. Borrower must maintain or cause to be maintained the Project, including the Units and common areas, in a safe and sanitary manner in accordance with local health, building and housing codes, California Health and Safety Code 17920.10 and the applicable provisions of 24 CFR Part 35.
Borrower's Responsibilities. Borrower will, at Borrower's expense, defend, indemnify, save, and hold Lender harmless against all claims, demands, losses, expenses, damages (general, punitive, or otherwise), and causes of action (whether legal or equitable) asserted by any Person arising out of the use of the proceeds of the Loan. Borrower will pay Lender on demand all claims, judgments, damages, losses, or expenses (including attorney fees and expenses) incurred by Lender as a result of any legal action arising out of the use of the proceeds of the Loan. The provisions of this Section will survive the termination of this Loan Agreement and the repayment of the Loan.
Borrower's Responsibilities. 10.1. The Borrower agrees to indemnify, save harmless, and defend the Lender from and against all claims, demands, actions, liabilities, judgments, costs, and attorney's fees, arising out of, claimed on account of, or in any manner predicated upon personal injury, death, or property damage caused by or resulting from possession and/or use of the Property.
10.2. The Borrower agrees to report, as requested, to the Lender on the condition and location of the Property. Further, the Borrower agrees to allow authorized Department of Defense representatives access to the Borrower's records and facilities to assure accuracy of information provided by the Borrower and compliance with the terms of this Agreement.
10.3. The Borrower agrees to return said Property to the Lender on termination of this Agreement or earlier, if it is determined that the Property is no longer required, at no expense to the Lender. In the event of a partial termination, the Borrower agrees to the return of all items of the Property subject to the partial termination, at no expense to the Lender.
Borrower's Responsibilities. This Agreement or any of the responsibilities as outlined herein are not transferable without the prior written approval of UNAVCO. PRINCIPAL INVESTIGATOR PI/Agent: Research Organization: Phone: Fax: Email: Project #: ASSUMPTION OF LIABILITY Borrower shall indemnify, defend, and hold UNAVCO harmless, and shall be solely responsible, for the full cost of repair or replacement of any of the Equipment that is damaged, lost, confiscated, or stolen from the time it leaves UNAVCO until it is returned to UNAVCO. It is Borrower’s responsibility to comply with all US customs and export laws and regulations, and directly pay any and all costs, fee, taxes and penalties in the exportation or importation of the Equipment in its care and custody. It shall be Borrower’s duty, at its own expense, to comply with all country, federal, state, county, and municipal laws, ordinances, and regulations, if any, applicable to the work being performed with this Equipment and to secure all local, state, federal, and international licenses or permits required to use this Equipment. USE (use one or two below depending upon whether there is a fee)
1. The loan of this Equipment shall be made at no cost to the Borrower.
2. The loan of this Equipment shall be made pursuant to fee of $______ for the use of this Equipment on non-NSF projects. Borrower shall pay this fee, in full, on or before the effective date of this Agreement. Borrower shall be responsible for the proper use, deployment, and insurance of the Equipment loaned by UNAVCO during the term of this Agreement. Borrower shall be responsible for training others participating in the research project on the proper use of the Equipment in accordance with UNAVCO procedures. The Equipment must be returned to UNAVCO in the same state and condition under which it was loaned; the Borrower is fully responsible for all costs to return the equipment to the status quo ante Borrower shall be responsible for the safe packaging, proper import and export procedures, shipping and receiving, and proper operation and use of the Equipment loaned by UNAVCO.
D. DATA ARCHIVE RESPONSIBILITY All data collected with the Equipment will be submitted to the UNAVCO archive in accordance with the UNAVCO Data Policy (xxxx://xxx.xxxxxx.xxx/community/policies_forms/data-policy/data-policy.html). The appropriate Project Manager will provide specific guidance on data organization and documentation required for submission of data for archiving.
Borrower's Responsibilities. The Borrower hereby acknowledges and agrees that, as long as he or she is participating in the Program and any funds advanced under this Note are due and owing, he or she shall:
(a) Notify the Authority of any change in his or her academic status within 15 days of such change;
(b) Notify the Authority of any change in his or her name, address, telephone number and email address within 15 days of such change;
(c) Promptly provide verification of employment to the Authority as required by the Program Rules for Loan forgiveness; and
(d) Otherwise comply with the Program Rules.
Borrower's Responsibilities. 10.1. The Borrower agrees to the greatest extent permitted by TX Law to indemnify, hold harmless, and defend the Lender from and against all claims, demands, actions, liabilities, judgments, costs, and attorney's fees, arising out of, claimed on account of, or in any manner predicated upon personal injury, death, or property damage caused by or resulting from possession and/or use of the Property. Nothing herein shall be construed to waive or limit the federal Government’s rights and remedies permitted by law.
10.2. The Borrower agrees to report, as requested, to the Lender on the condition and location of the Property. Further, the Borrower agrees to allow authorized Department of Defense representatives access to the Borrower's records and facilities to assure accuracy of information provided by the Borrower and compliance with the terms of this Agreement.
10.3. The Borrower agrees to return said Property to the Lender on termination of this Agreement or earlier, if it is determined that the Property is no longer required, at no expense to the Lender and according to terms determined by the Lender. In the event of a partial termination, the Borrower agrees to the return of all items of the Property subject to the partial termination, at no expense to the Lender and according to terms determined by the Lender.
Borrower's Responsibilities. This Agreement or any of the responsibilities as outlined herein are not transferable without the prior written approval of UNAVCO.
A. PRINCIPAL INVESTIGATOR PI/Agent: Research Organization: Phone: Fax: Email: Project #:
Borrower's Responsibilities. Borrower shall, at Borrower's expense, defend, indemnify, save, and hold Lender harmless against all claims, demands, losses, expenses, liabilities, damages (general, punitive, or otherwise), judgments, costs, reasonable attorneys' fees and causes of action (whether legal or equitable) ("Liabilities") asserted by any Person which Lender may incur (a) as a direct or indirect consequence of (i) the making of the Loan, (ii) Borrower's failure to perform any obligations as and when required by this Agreement or any of the other Transaction Documents, (iii) the failure at any time of any of Borrower's representations or warranties to be true and correct; or (b) which (i) are related to the Transaction Documents, (ii) arise out of the transactions contemplated hereby, or (iii) arise out of the use of the Loan Proceeds, except to the extent that any such Liabilities arise solely from or relate solely to the negligence or willful misconduct of Lender. The provisions of this Section 9.6 will survive the termination of this Agreement and the repayment of the Loans.
Borrower's Responsibilities. To prevent and avoid construction defects, Borrower will inspect, review, supervise, and assure the high quality, adequacy, and suitability of: (a) the Plans and Specifications and all changes and amendments; (b) architects, contractors, subcontractors, and material suppliers employed or used in the Work, and the workmanship of and the materials used by all of them; and (c) the progress and course of construction and its conformance with the Plans and Specifications and any amendments, alterations, and changes that may be approved by Lender.
