Continued Errors Sample Clauses

Continued Errors. Notwithstanding anything contained herein to the contrary, if the Backup Servicer becomes successor Servicer it is authorized to accept and rely on all of the accounting, records (including computer records) and work of the prior Servicer relating to the Receivables (collectively, the "Predecessor Servicer Work Product") without any audit or other examination thereof, and the Backup Servicer as successor Servicer shall have no duty, responsibility, obligation or liability for the acts and omissions of the prior Servicer. If any error, inaccuracy, omission or incorrect or non-standard practice or procedure (collectively, "Errors") exist in any Predecessor Servicer Work Product and such Errors make it materially more difficult to service or should cause or materially contribute to the Backup Servicer as successor Servicer making or continuing any Errors (collectively, "Continued Errors"), the Backup Servicer as successor Servicer shall have no duty or responsibility, for such Continued Errors; provided, however, that the Backup Servicer as successor Servicer agrees to use its best efforts to prevent further Continued Errors. In the event that the Backup Servicer as successor Servicer becomes aware of Errors or Continued Errors, the Backup Servicer as successor Servicer shall, with the prior consent of the Noteholder use its best efforts to reconstruct and reconcile such data as is commercially reasonable to correct such Errors and Continued Errors and to prevent future Continued Errors. The Backup Servicer as successor Servicer shall be entitled to recover its costs thereby expended in accordance with Section 5.7(a)(iv) hereof.
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Continued Errors. Notwithstanding anything contained herein to the contrary, any successor Servicer is authorized to accept and rely on all of the accounting, records (including computer records) and work of the predecessor Servicer relating to the contract (collectively, the "Predecessor Servicer Work Product") without any audit or other examination thereof, and such successor Servicer shall have no duty, responsibility, obligation or liability for the acts and omissions of any predecessor Servicer. If any error, inaccuracy, omission or incorrect or non-standard practice or procedure (collectively, "Errors") exists in any Predecessor Servicer Work Product and such Errors make it more difficult to service or should cause or contribute to a successor Servicer making or continuing any Errors (collectively, "Continued Errors"), such successor Servicer shall have no duty or responsibility for such Continued Errors. In the event that such successor Servicer becomes aware of Errors or Continued Errors, such successor Servicer shall use commercially reasonable efforts to reconstruct and reconcile such data to correct such Errors and Continued Errors and to prevent future Continued Errors. A successor Servicer shall be entitled to recover its costs thereby as transition expenses in accordance with Section 12.02(d) or 12.02(e), as applicable, of the Indenture.
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Continued Errors. Except as provided in this Agreement, LSE may accept and reason ably rely on all accounting, records and work of Servicer without audit, and LSE shall have no Liability for the acts or omissions of the Servicer. If any error, inaccuracy or omission (collectively, "Errors") exists in any information received from the Servicer, and such Errors should cause or materially contribute to LSE making or continuing any Errors (collectively, "Continued Errors"), LSE shall have no Liability for such Continued Errors; provided, however, that this provision shall not protect LSE against any Liability which would otherwise be imposed by reason of willful misconduct, bad faith or gross negligence in discovering or correct- 159 ing any Error or in the performance of its or their duties hereunder or under this Agreement. In the event LSE becomes aware of Errors or Continued Errors, LSE shall; with the prior consent of the Insurer, use its best efforts to reconstruct and reconcile such data as is commercially reasonable to correct such Errors and Continued Errors and prevent future Continued Errors. LSE shall be entitled to recover its costs thereby expended from the Servicer.
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Continued Errors. Except as provided in this Agreement, Backup Servicer may accept and reasonably rely on all accounting, records and work of Servicer without audit, and Backup Servicer shall have no Liability for the acts or omissions of Servicer. If any error, inaccuracy or omission (collectively “Errors”) exist in any information received from Servicer, and such Errors should cause or materially contribute to Backup Servicer making or continuing any Error (collectively, “Continued Errors”), Backup Servicer shall have no liability for such Continued Errors; provided, however, that this provision shall not protect Backup Servicer against any Liability which would otherwise be imposed by reason of willful misconduct, bad faith or gross negligence in discovering or correcting any Error or in the performance of its or their duties hereunder or under this Agreement. In the event Backup Servicer becomes aware of Errors or Continued Errors, which, in the opinion of Backup Servicer impairs such entity’s ability to perform its services hereunder, Backup Servicer shall promptly notify the Servicer and NYSERDA of such errors and may undertake commercially reasonable data or records reconstruction as it deems appropriate to correct such Errors and Continued Errors and to prevent future Continued Errors. The Backup Servicer as successor Xxxxxxxx agrees to use its best efforts to prevent Continued Errors.
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Continued Errors. Section 10.2(e). The Trustee, as Successor Servicer, is authorized to accept and rely on all of the accounting, records (including computer records) and work of the prior Servicer relating to the Receivables without any audit or other examination thereof, unless failing to perform such audit or examination thereof would result in a gross negligent act or willful misconduct of such Trustee, as Successor Servicer, and the Trustee as Successor Servicer shall have no duty, responsibility, obligation or liability for the acts and omissions of the prior Servicer. If any error, inaccuracy or omission exists in any of the work of the preceding Servicer and such error, inaccuracy or omission makes it materially more difficult to service or should materially contribute to the Trustee as Successor Servicer making or continuing any such error, inaccuracy or omission, then the Trustee as Successor Servicer shall have no duty or responsibility for such continued error, inaccuracy or omission; provided, however, that the Successor Servicer agrees to use its best efforts to reconstruct and reconcile such data as is commercially reasonable to correct such error, inaccuracy or omission and to prevent any future errors, inaccuracies or omissions. The Successor Servicer shall be entitled to recover its costs thereby expended from amounts available in the Collection Account, but only after amounts are distributed pursuant to the related Supplement.
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Related to Continued Errors

  • Trade Errors The Sub-Advisor will notify the Manager of any Trade Error(s), regardless of materiality, promptly upon the discovery such Trade Error(s) by the Sub-Advisor. Notwithstanding Section 5, the Sub-Advisor shall be liable to the Manager, the Fund or its shareholders for any loss suffered by the Manager or the Fund resulting from Trade Errors due to negligence, misfeasance, or disregard of duties of the Sub Advisor or any of its directors, officers, employees, agents (excluding any broker-dealer selected by the Sub-Advisor), or affiliates. For purposes under this Section 6, “Trade Errors” are defined as errors due to (i) erroneous orders by the Sub-Advisor for the Series that result in the purchase or sale of securities that were not intended to be purchased or sold; (ii) erroneous orders by the Sub-Advisor that result in the purchase or sale of securities for the Series in an unintended amount or price; or (iii) purchases or sales of financial instruments which violate the investment limitations or restrictions disclosed in the Fund’s registration statement and/or imposed by applicable law or regulation (calculated at the Sub-Advisor’s portfolio level), unless otherwise agreed to in writing.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • Errors State Street shall assume no responsibility for failure to detect any erroneous payment order provided that State Street complies with the payment order instructions as received and State Street complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders.

  • Clerical Error Clerical error, whether by You or Us, with respect to this Contract, or any other documentation issued by Us in connection with this Contract , or in keeping any record pertaining to the coverage hereunder, will not modify or invalidate coverage otherwise validly in force or continue coverage otherwise validly terminated.

  • Service Level Expectations Without limiting any other requirements of the Agreement, the Service Provider shall meet or exceed the following standards, policies, and guidelines:

  • Pricing Errors Any material errors in the calculation of net asset value, dividends or capital gain information shall be reported immediately upon discovery to the Company. An error shall be deemed "material" based on our interpretation of the SEC's position and policy with regard to materiality, as it may be modified from time to time. Neither the Trust, any Fund, the Distributor, nor any of their affiliates shall be liable for any information provided to the Company pursuant to this Agreement which information is based on incorrect information supplied by or on behalf of the Company or any other Participating Company to the Trust or the Distributor.

  • BILLING ERRORS In case of errors or questions about electronic fund transfers from your share and share draft accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears. Call us at:

  • Service Level In the event that League InfoSight discovers or is notified by you of the existence of Non-Scheduled Downtime, we will use commercially reasonable efforts to determine the source of the problem and attempt to resolve it as quickly as possible.

  • Disclosure Updates Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

  • Payroll Errors Any payroll error resulting in insufficient payment for an employee in the bargaining unit shall be corrected, and a supplemental check issued, not later than five (5) working days after the employee provides notice to the payroll department.

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