Distributor Liability. The Distributor shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust or any Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.
Distributor Liability. 23.1. DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s signature below.
23.2. Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. No Distributor is the agent for, or authorized to obligate, any other Distributor. The Distributors are independent contractors and not partners or joint venturers with each other or with you. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement.
23.3. You are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to you.
Distributor Liability. 22.1. DMA warrants and represents to you that DMA is authorized to and does bind the Distributors to this Agreement by DMA’s signature below.
22.2. Each Distributor will be severally liable for its respective service obligations and for Products sold to the Units which it services. Notwithstanding anything to the contrary in this Agreement, no Distributor is liable for service obligations or Products sold to Units which it does not service. Each Distributor is responsible for its own credit determination and for collection of its invoices. This Agreement shall not create joint liability or joint and several liability among Distributors, or among Distributors and DMA. DMA is only liable for obligations which it specifically agrees to undertake in this Agreement.
22.3. You are obligated for payment of purchases of Products solely to the Distributor which has delivered the Products to you.
Distributor Liability. Insurance. 25. Recalls, Holds, Inspections, and Product Withdrawals.
Distributor Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DISTRIBUTOR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO TEKELEC FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF DISTRIBUTOR HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
Distributor Liability. The Parties agree to work together in --------------------- good faith to eliminate or minimize distribution refund claims which have been made or may be made in the future. USA Talks has previously provided the following support to distributors: (i) crediting $160.00 for voice registration and the first month's phone service, (ii) not charging for an agent ("TAP" starter) kit, (iii) charging only $50.00 for voice registration for the distributor/agent's customers (with the $50.00 payment received being rebated to the distributor/agent). Distributors who accept this offer have been required to sign a release of USA Talks and Trendmark. USA Talks acknowledges and agrees that substantial changes to the terms of the TAP Program could be detrimental to Trendmark and agrees to minimize any such changes until January 1, 2000, at which time USA Talks may make any changes in its sole discretion. USA Talks may continue this program or modify some or all of the terms of the support provided in its discretion. USA Talks advises Trendmark that over 1,500 distributors have accepted the support outlined above. Except as set forth above, Trendmark agrees that it shall be solely liable for any and all refunds due to any of its distributors arising out of the previous marketing efforts undertaken by Trendmark and any of its distributors.
