DEFAULT AND LIABILITY. (a) 若乙方或其經理人、員工或為其關係人之受任人之任何故意、過失或詐欺行為,使甲方及/或受託基金遭受第三人求償者,乙方應負責賠償之。此外,若乙方違反投資方針或相關法令並造成受託基金及/或甲方之損害者,乙方應負損害賠償責任,且若甲方認為金錢賠償無法適當彌補時,則乙方應依甲方之進一步指示修正該等違法或違約之情事,以符合法令及本契約之規定。惟無論乙方是否為事後改正之行為,皆無從減免其就先前造成甲方損害所應負擔之損害賠償責任,併予敘明。
(a) Should any third party claims against the Bureau or the Fund for compensation , arising from or in connection with any negligence, willful misconduct or fraud on the part of the Investment Manager or its officers or employees, or its delegate(s) or subcontractor(s) who are affiliated with the Investment Manager, the Investment Manager shall be responsible for the compensation. In addition, the Investment Manager shall indemnify the Bureau and/or the Fund against any direct loss or damage resulting from the Investment Manager’s violation of the Investment Guidelines or any applicable laws and regulations, and if monetary compensation is an inadequate remedy in the view of the Bureau, the Investment Manager shall reverse the applicable violation in accordance with the Bureau’s further instructions to ensure compliance with laws and regulations and this Agreement. Nevertheless, the Investment Manager shall not be exempt from the liabilities to indemnify the Bureau and/or the Fund against any direct loss or damage resulting from its previous violation of the Investment Guidelines or any applicable laws and regulations, regardless of whether there is reversion or correction by the Investment Manager afterwards.
(b) 乙方依據經其合理確認為源自甲方之主管人員或授權代表之任何書面指示(包括以電子郵件或傳真所傳送者)所為之善意行為,若使其遭受任何損失、支出、損害、費用或主張者,甲方應負責賠償之。
(b) The Bureau hereby indemnifies the Investment Manager against any losses, costs, damages, expenses or claims which the Investment Manager may sustain or incur as a consequence of the Investment Manager acting in good faith on any written instructions (including those sent by email or fax) confirmed to have originated from the officers or an authorized representative of the Bureau.
(c) 乙方應以其自身之費用購買與其業務有關且足夠之保險,並依甲方隨時之合理要求提供該等保險之相關資訊與證明。
DEFAULT AND LIABILITY. (a) 若乙方或其經理人、員工或為其關係人之受任人之任何故意、過失或詐欺行為,使甲方及/或受託基金遭受第三人求償者,乙方應負責賠償之。此外,若乙方違反投資方針或相關法令並造成受託基金及/或甲方之損害者,乙方應負損害賠償責任,且若甲方認為金錢賠償無法適當彌補時,則乙方應依甲方之進一步指示修正該等違法或違約之情事,以符合法令及本契約之規定。
(i) The Investment Manager hereby indemnifies the Bureau and/or the Fund against any claims, demands, suits, actions, liabilities, direct losses, fees, costs, charges, expenses or outgoings suffered or incurred by the Bureau and/or the Fund, arising from or in connection with any negligence, willful misconduct or fraud on the part of the Investment Manager or its officers or employees, or its delegate(s) or subcontractor(s) who are affiliated with the Investment Manager. In addition, the Investment Manager shall indemnify the Bureau and/or the Fund against any direct loss or damage resulting from the Investment Manager’s violation of the Investment Guidelines or any applicable laws and regulations, and if monetary compensation is an inadequate remedy in the view of the Bureau, the Investment Manager shall reverse the applicable violation in accordance with the Bureau’s further instructions to ensure compliance with laws and regulations and this Agreement.
(b) 乙方依據經其合理確認為源自甲方之主管人員或授權代表之任何書面指示(包括以電子郵件或傳真所傳送者)所為之善意行為,若使其遭受任何損失、支出、損害、費用或主張者,甲方應負責賠償之。
(a) The Bureau hereby indemnifies the Investment Manager against any losses, costs, damages, expenses or claims which the Investment Manager may sustain or incur as a consequence of the Investment Manager acting in good faith on any written instructions (including those sent by email or fax) confirmed to have originated from the officers or an authorized representative of the Bureau.
(c) 乙方應以其自身之費用購買與其業務有關且足夠之保險,並依甲方隨時之合理要求提供該等保險之相關資訊與證明。
DEFAULT AND LIABILITY. (a) 若乙方或其經理人、員工或為其關係人之受任人之任何故意、過失或詐欺行為,使甲方及/或受託基金遭受第三人求償者,乙方應負責賠償之。若乙方將受託基金資產用於以下投資項目以外者,將依「勞工退休金條例」第 45 條規定,處新台幣二百萬元以上一千萬元以下罰鍰,並應於甲方所定期限內附加利息歸還:
(i) 存放於金融機構;
(ii) 上市、上櫃或私募之權益證券及其衍生性金融商品;
(iii) 上市、上櫃或私募之債務證券及其衍生性金融商品;
(iv) 公開募集或私募之基金受益憑證、基金股份或基金投資單位;
(v) 商品現貨及其衍生性金融商品;
(vi) 不動產、不動產投資信託或資產信託受益證券及其衍生性金融商品;
(vii) 其他衍生性金融商品;
(viii) 有價證券出借交易;及
(ix) 其他經甲方報請主管機關核准有利受託基金收益之運用項目。 前開法令嗣後如有修改,則將依修改後之規定處置。此外,若乙方違反投資方針或相關法令並造成受託基金及/或甲方之損害者,乙方應負損害賠償責任,且若甲方認為金錢賠償無法適當彌補時,則乙方應依甲方之進一步指示修正該等違法或違約之情事,以符合法令及本契約之規定。惟無論乙方是否為事後改正之行為,皆無從減免其就先前造成甲方損害所應負擔之損害賠償責任,併予敘明。
(a) Should any third party claims against the Bureau or the Fund for compensation , arising from or in connection with any negligence, willful misconduct or fraud on the part of the Investment Manager or its officers or employees, or its delegate(s) or subcontractor(s) who are affiliated with the Investment Manager, the Investment Manager shall be responsible for the compensation. If the Investment Manager appropriates the Fund Assets for purposes other than those specified as follows, pursuant to Article 45 of the Labor Pension Act, an administrative fine of no less than two million New Taiwan Dollars (NT$2,000,000) and up to ten million New Taiwan Dollars (NT$10,000,000) shall be imposed on the Investment Manager, and the Investment Manager shall return such amount together with interest accrued thereon within the time limit specified by the Bureau:
(i) Deposits in financial institutions;
(ii) Equity securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iii) Debt securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iv) Fund beneficiary certificates, fund shares or fund investment units publicly issued or privately placed;
(v) Spot commodities and the derivatives thereof;
(vi) Real estates, beneficiary certificates of real estate investment trusts or real estate asset trust and the derivatives thereof;
(vii) Other derivatives;
(viii) Securities lending transactions; and
(ix) Other types of investment beneficial to the return of the Fund and approved by the competent authority upon the Bureau’s application. If the aforesaid provision is subsequently revised, the revised provision shall apply. In addition, the Investment Manager shall indemnify the Bureau and/or the Fund against any direct loss or damage resulting from the Investment Manager’s violation of t...
DEFAULT AND LIABILITY. 13.1 The following events shall constitute a Material Breach under this Agreement:
(a) Any Grant proceeds are used for any purpose other than the Research Project without prior written consent of the Foundation.
(b) The Grantee breaches any covenant, representation, warranty, or other provision of this Agreement, which breach is not cured within thirty (30) calendar days from the date of receipt of written notice of the breach from the Foundation.
(c) Without the prior written consent of the Foundation, the Grantee is dissolved by operation of law or in any other manner.
13.2 Upon the occurrence of any breach of the agreement, the Foundation may, in its sole discretion:
(a) Require the immediate repayment of the entire Grant paid under this Agreement, and immediate payment of any obligations.
(b) At any time proceed to protect and enforce all rights and remedies available to the Foundation under this Agreement or by law, by any other proceedings, whether for specific performance of any agreement contained in this Agreement, damages, or other relief;
(c) Suspend or terminate the Grantee's authority to receive any undisbursed Grant proceeds at any time by written notice to the Grantee.
(d) In case of an unauthorized change of the Research Project, require the immediate refund of the entire amount of the Grant, and immediate payment of any obligations.
13.3 All remedies provided for in this Agreement or by law are cumulative and are in addition to any other rights and remedies available to the Foundation under any law. The exercise of any right or remedy by the Foundation shall not constitute a cure or waiver of any breach, nor invalidate any act done pursuant to any notice of breach, nor prejudice the Foundation in the exercise of those rights.
13.4 The failure of the Foundation to insist upon performance of any term of this Agreement shall not constitute a waiver of any term of this Agreement. No act of the Foundation shall be construed as an election to proceed under any one provision in this Agreement to the exclusion of any other provision.
13.5 If the Foundation suspends or terminates this Agreement, the rights and remedies available to the Foundation shall survive such suspension or termination.
DEFAULT AND LIABILITY. (a) 若乙方或其經理人、員工或為其關係人之受任人之任何故意、過失或詐欺行為,使甲方及/或受託基金遭受第三人求償者,乙方應負責賠償之。若乙方將受託基金資產用於以下投資項目以外者,將依「勞工退休金條例」第 45 條規定,處新台幣二百萬元以上一千萬元以下罰鍰,並應於甲方所定期限內附加利息歸還:
(i) 存放於金融機構;
(ii) 上市、上櫃或私募之權益證券及其衍生性金融商品;
(iii) 上市、上櫃或私募之債務證券及其衍生性金融商品;
(iv) 公開募集或私募之基金受益憑證、基金股份或基金投資單位;
(v) 商品現貨及其衍生性金融商品;
(vi) 不動產、不動產投資信託或資產信託受益證券及其衍生性金融商品;
(vii) 其他衍生性金融商品;
(viii) 有價證券出借交易;及 (ix) 其他經甲方報請主管機關核准有利本基金收益之運用項目。 前開法令嗣後如有修改,則將依修改後之規定處置。此外,若乙方違反投資方針或相關法令並造成受託基金及/或甲方之損害者,乙方應負損害賠償責任,且若甲方認為金錢賠償無法適當彌補時,則乙方應依甲方之進一步指示修正該等違法或違約之情事,以符合法令及本契約。
(a) The Investment Manager hereby indemnifies the Bureau and/or the Fund against any claims, demands, suits, actions, liabilities, direct losses, fees, costs, charges, expenses or outgoings suffered or incurred by the Bureau and/or the Fund, arising from or in connection with any negligence, willful misconduct or fraud on the part of the Investment Manager or its officers or employees, or its delegate(s) or subcontractor(s) who are affiliated with the Investment Manager. If the Investment Manager appropriates the Fund Assets for purposes other than those specified as follows, pursuant to Article 45 of the Labor Pension Act, an administrative fine of no less than two million New Taiwan Dollars (NT$2,000,000) and up to ten million New Taiwan Dollars (NT$10,000,000) shall be imposed on the Investment Manager, and the Investment Manager shall return such amount together with interest accrued thereon within the time limit specified by the Bureau:
(i) Deposits in financial institutions;
(ii) Equity securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iii) Debt securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iv) Fund beneficiary certificates, fund shares or fund investment units publicly issued or privately placed;
(v) Spot commodities and the derivatives thereof;
(vi) Real estates, beneficiary certificates of real estate investment trusts or real estate asset trust and the derivatives thereof;
(vii) Other derivatives;
(viii) Securities lending transactions; and
(ix) Other types of investment beneficial to the return of the Fund and approved by the competent authority upon the Bureau’s application. If the aforesaid provision is subsequently revised, the revised provision shall apply. In addition, the Investment Manager shall indemnify the Bureau and/or the Fund against any direct loss or damage resulting from...
DEFAULT AND LIABILITY. 8.1 If Dŵr Cymru is unable to carry out any of its obligations under this Agreement by reason for Force Majeure this Agreement shall remain effect and:
i) Dŵr Cymru shall use all reasonable endeavours to restore its ability to carry out its obligations; and
ii) Dŵr Cymru's obligations shall be suspended without liability for such period as Dŵr Cymru is unable to carry out its obligations;
8.2 Dŵr Cymru shall not be liable for any contamination of any water supplied which may occur for reasons outside its reasonable anticipation or control;
8.3 Dŵr Cymru shall not be liable to XXXX for any losses, damages or expenses arising from any breach of this Agreement other than losses, damages or expenses resulting from a breach which were the reasonably foreseeable consequences of such a breach;
8.4 Dŵr Cymru shall not be liable to XXXXXX in any circumstances whatever for:
i) any loss of profit, loss of revenue, loss of contract or loss of goodwill; or
ii) any loss arising from any obligation or liability of XXXXX to any other person howsoever and whensoever arising;
8.5 Dŵr Cymru's liability to XXXXX in respect of claims for damages arising in any one calendar year shall not exceed £xx million for any one or more incidents, or series of incidents, whether related or unrelated in that calendar year;
8.6 Nothing in the preceding provisions of this clause shall exclude or limit any liability for death or personal injury resulting from the negligence of Dŵr Cymru and Dŵr Cymru shall indemnify XXXXXXX and keep it indemnified against all such loss or liability which XXXX may suffer or incur by reason of any claim on account of death or personal injury resulting from the negligence of Dŵr Cymru;
8.7 XXXXX undertakes to indemnify and hold harmless Dŵr Cymru from and against any and all losses, claims, actions, proceedings, costs, expenses and damages of whatsoever nature incurred by Dŵr Cymru to the extent caused by any negligent act or omission on the part of XXXXX its officers employees agents or subcontractors;
8.8 For the avoidance of doubt the Parties expressly agree that Dŵr Cymru shall only be liable to compensate XXXXX for any payments XXXXX may be required to make under the Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008 where the breach of the Service Regulations was caused by Dŵr Cymru negligence in failing to operate its water undertaking in accordance with Good Industry Practice. In no circumstances shall Dŵr Cymru be required...
DEFAULT AND LIABILITY. 8.1 If Dŵr Cymru is unable to carry out any of its obligations under this Agreement by reason of Force Majeure this Agreement shall remain in effect and:
i) Dŵr Cymru shall use all reasonable endeavours to restore its ability to carry out its obligations; and
ii) Dŵr Cymru obligations shall be suspended without liability for such period as Dŵr Cymru is unable to carry out its obligations;
8.2 Dŵr Cymru shall not be liable to XXXX for any losses, damages or expenses arising from any breach of this Agreement other than losses, damages or expenses resulting from a breach which were the reasonably foreseeable consequences of such a breach;
DEFAULT AND LIABILITY. DEFAULT BY CH. CH agrees to act with diligence to maintain fixtures, furniture, utilities, heating, and air conditioning and to remain in substantial compliance with applicable federal, state and local laws regarding safety, sanitation, and fair housing.
DEFAULT AND LIABILITY. (a) 若乙方或其經理人、員工或為其關係人之受任人之任何故意、過失或詐欺行為,使甲方及/或受託基金遭受第三人求償者,乙方應負責賠償之。若乙方將受託基金資產用於以下投資項目以外者,將依「勞工退休金條例」第 45 條規定,處新台幣二百萬元以上一千萬元以下罰鍰,並應於甲方所定期限內附加利息歸還:
(i) 存放於金融機構;
(ii) 上市、上櫃或私募之權益證券及其衍生性金融商品;
(iii) 上市、上櫃或私募之債務證券及其衍生性金融商品;
(iv) 公開募集或私募之基金受益憑證、基金股份或基金投資單位;
(v) 商品現貨及其衍生性金融商品;
(vi) 不動產、不動產投資信託或資產信託受益證券及其衍生性金融商品;
(vii) 其他衍生性金融商品;
(viii) 有價證券出借交易;及
(ix) 其他經甲方報請主管機關核准有利受託基金收益之運用項目。 前開法令嗣後如有修改,則將依修改後之規定處置。此外,若乙方違反投資方針或相關法令並造成受託基金及/或甲方之損害者,乙方應負損害賠償責任,且若甲方認為金錢賠償無法適當彌補時,則乙方應依甲方之進一步指示修正該等違法或違約之情事,以符合法令及本契約之規定。惟無論乙方是否為事後改正之行為,皆無從減免其就先前造成甲方損害所應負擔之損害賠償責任,併予敘明。
(a) The Investment Manager hereby indemnifies the Bureau and/or the Fund against any claims, demands, suits, actions, liabilities, direct losses, fees, costs, charges, expenses or outgoings suffered or incurred by the Bureau and/or the Fund, arising from or in connection with any negligence, willful misconduct or fraud on the part of the Investment Manager or its officers or employees, or its delegate(s) or subcontractor(s) who are affiliated with the Investment Manager. If the Investment Manager appropriates the Fund Assets for purposes other than those specified as follows, pursuant to Article 45 of the Labor Pension Act, an administrative fine of no less than two million New Taiwan Dollars (NT$2,000,000) and up to ten million New Taiwan Dollars (NT$10,000,000) shall be imposed on the Investment Manager, and the Investment Manager shall return such amount together with interest accrued thereon within the time limit specified by the Bureau:
(i) Deposits in financial institutions;
(ii) Equity securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iii) Debt securities listed in a stock exchange or an over- the-counter market or issued on private placement basis and the derivatives thereof;
(iv) Fund beneficiary certificates, fund shares or fund investment units publicly issued or privately placed;
(v) Spot commodities and the derivatives thereof;
(vi) Real estates, beneficiary certificates of real estate investment trusts or real estate asset trust and the derivatives thereof;
(vii) Other derivatives;
(viii) Securities lending transactions; and
(ix) Other types of investment beneficial to the return of the Fund and approved by the competent authority upon the Bureau’s application. If the aforesaid provision is subsequently revised, the revised provision shall apply. In addition, the Investment Manager shall indemnify the Bureau and/or the F...
DEFAULT AND LIABILITY. 10.1 Without prejudice to any of its other rights and remedies under this Agreement or at law, Seller may terminate this Agreement forthwith on giving Buyer notice in writing to that effect in the event that:
a. Buyer goes into liquidation or enters into an arrangement of composition with its creditors, or suspends his payments to third parties for whatever reason;
b. Buyer is in arrears with payments due to Seller under this Agreement or any other agreement between Buyer and Seller;
c. If payment is via a Letter of Credit, and Xxxxx does not open such Letter of Credit in accordance with the provisions of Clause 4; or
d. Buyer fails in any substantial way to comply with the provisions of this Agreement.
10.2 Should Buyer fail to present the nominated tanker vessel or its substitute in the loading port within the loading date-range allocated to the nominated tanker vessel in accordance with the nomination procedure under Clause 6; or subject to Clause 8.5, if Buyer fails to tender notice of readiness within the loading date-range, Seller shall have the right to sell or otherwise dispose of the Crude Oil and Buyer shall remain responsible for and agrees to indemnify Seller for any claims, losses, damages, costs and expenses incurred by Seller as a result of the above failure, including but not limited to, costs of storage, loss of interest, delays to other vessels or losses due to any difference in price between the sale price payable under this Agreement for such volumes of Crude Oil and the actual price at which the volumes were actually sold, if such actual price is less.
10.3 Buyer shall be liable for any loss or damage to Crude Oil or property of Seller or the loading terminal (and any liability arising from such loss or damage, including, but not limited to, consequential loss and damage and any liability arising from an oil spill or discharge) occurring before, during or after the loading of the tanker vessel to the extent caused by the tanker vessel or by Buyer or its servants.
10.4 Buyer shall indemnify and hold Seller harmless from and against any loss or damage arising from any negligence or omission by Buyer, or its servants, or by officers or crew of the tanker vessel whether owned, operated or chartered by Buyer or its affiliate in connection with the loading and delivery and off take of the Crude Oil under this Agreement.
10.5 With respect to any loss of or damage to any property (including but not limited to the tanker vessel) owned or leased...