Certain Responsibilities. The parties agree that the data collected using the Demographic Services may be subject to applicable privacy and similar laws and all use of the such data shall be in accordance with all applicable laws, rules and regulations. U S WEST agrees to indemnify CP for any and all claims, losses, damages, expenses or liabilities ("Claims") arising out of the collection of such data (except to the extent any such Claim is based upon CP's gross negligence or willful misconduct) and U S WEST's disclosure and use of the Demographic Information collected using the Demographic Services and reported by CP to U S WEST.
Certain Responsibilities. Anything herein to the contrary notwithstanding:
(a) The Seller, the Servicer and each Originator shall perform all of its obligations (if any) under the Contracts related to the Pool Receivables to the same extent as if Receivable Interests had not been sold hereunder and the exercise by the Agent of its rights hereunder shall not release the Seller or the Servicer from such obligations or its obligations with respect to Pool Receivables or under the related Contracts; and
(b) Neither the Agent nor the Purchasers shall have any obligation or liability with respect to any Pool Receivables or related Contracts, nor shall any of them be obligated to perform any of the obligations of the Seller or any Originator thereunder.
Certain Responsibilities. NOVACEA shall use Diligent Efforts to promote and commercialize the Licensed Product in the NOVACEA Territory, so long as such activities do not conflict with the global development and commercialization strategy for the Licensed Product determined by XXXXXX XXXXX for the Licensed Product, as set forth in Schedule 7.3 attached hereto (the “Global Product Strategy”).
Certain Responsibilities. Notwithstanding anything contained herein, Supplier shall not be responsible for any loss or damage, including Products Liability Damages, from the use or performance of the Products manufactured under this Agreement where (a) such use or performance did not result from a breach of this Agreement by Supplier, including, without limitation, Supplier's warranties, (b) the Products complied with the description and form described in any documents used for all governmental approvals, applications, submissions, and approvals filed by Medtronic with the FDA, or given to Medtronic by the FDA, and (c) the Products complied with the packaging, shipping, and labeling for the Products. Medtronic further agrees that no Products will be released for public use or consumption until all requisite governmental approvals therefore have been obtained for such use and consumption.
Certain Responsibilities. Notwithstanding anything contained herein, Supplier shall not be responsible for any loss or damage, including Products Liability Damages, from the use or performance of the Products manufactured under this Agreement where (a) such loss or damage did not arise out of or is not related to a breach of this Agreement by Supplier, including, without limitation, Supplier’s warranties and (b) the Products complied with Specifications.
Certain Responsibilities. 5.1. Customer acknowledges (a) that the programs and data provided hereunder are proprietary material of RealInfo or its suppliers, and protected under the copyright laws; (b) that such programs and data are furnished to Customer for the use and benefit of only Customer; and (c) that the programs and data are valuable commercial products, the development of which has involved the expenditure of substantial time and money by RealInfo or its suppliers.
Certain Responsibilities. Non-Filing Sellers shall be responsible for any liability arising out of the underfunding of any Non-Filing Seller transferable person or private retirement plans of the EMEA Employees as of the Closing Date. Buyer shall be responsible for all liabilities relating to EMEA Employees after Closing, including terms and conditions of employment and Employee Benefit Plans, in accordance with applicable Laws.
Certain Responsibilities. The Collateral Agent shall exercise reasonable care in the custody of any property at any time(s) in its possession or control hereunder, or otherwise subject to the terms and provisions hereof, but shall be deemed to have exercised reasonable care if such property is accorded treatment substantially equal to that which the Collateral Agent accords his or its own property (it being understood that the Collateral Agent shall have no responsibility for ascertaining or taking action with respect to calls, conversions, exchanges, maturities, tenders or other matters relative to any property and whether or not the Collateral Agent has or is deemed to have knowledge of such matters), or if the Collateral Agent takes such action with respect to the property as the Debtor shall reasonably request in writing, but no failure to comply with any such request nor any omission to do any such act requested by the Debtor shall be deemed a failure to exercise reasonable care, nor shall any failure of the Collateral Agent to take necessary steps to preserve rights against any parties with respect to any property in his or its possession or control, or otherwise subject to the terms and provisions hereof, be deemed a failure to exercise reasonable care.
Certain Responsibilities. It is understood that the KTI Recycling System furnished by KTI hereunder will be in the possession of OTI and that the use and operation of such equipment will be performed by employees or agents of OTI. OTI shall be responsible for providing its employees and agents with all necessary safety instructions and precautions with respect to the KTI Recycling System and the use and operation thereof. Further, OTI shall protect, indemnify, defend, and hold harmless KTI, its affiliates and its successors and assigns from any and all liabilities, claims, losses, damages, costs, and expenses, including attorneys' fees, arising out of or resulting from the KTI Recycling System or related equipment furnished by KTI under this Agreement
Certain Responsibilities. It is your responsibility to make sure that all information provided by you to Krubb is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.
