ERROR OR OMISSION Sample Clauses

ERROR OR OMISSION. You agree to examine each Card Account statement received from us and to notify us of any alleged error or omission within 60 days after such statement was provided, whether by personal delivery, posting or any other arrangement described in clause
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ERROR OR OMISSION. You and the Corporation agree to examine each Card Account statement received from us and to notify us of any alleged error or omission within 60 days after such statement was provided, whether by personal delivery, posting or any other arrangement described in clause 14.1. After such 60-day period, the transactions shown on such statement shall be deemed as correct, accepted, conclusive and binding on you and the Corporation; and you and the Corporation will be deemed to have waived any right to raise any objection or pursue any remedies against us in relation to such transactions.
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ERROR OR OMISSION. Prior to the Closing, each Party shall promptly notify the other Party in writing if it obtains knowledge that any representation or warranty of the other party set forth in this Agreement is not true and correct or if it obtains knowledge of any errors in, or omissions from, the Disclosure Schedule or of any condition or circumstance that could excuse Buyer or Parent from timely performance of its obligations hereunder or give rise to a claim by Buyer or Parent hereunder, provided that any failure to provide notice shall not affect the rights or obligations of any Party has under this Agreement. Buyer’s rights under this Agreement shall not be affected or deemed waived by reason of the fact that Buyer or any of its Representatives knew or should have known that any representation or warranty is, was or might be inaccurate.
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ERROR OR OMISSION. Prior to the Closing, Buyer shall promptly notify Parent in writing if Buyer obtains knowledge that any representation or warranty of Parent contained in this Agreement is not true and correct in all material respects, or if Buyer obtains knowledge of any material errors in, or omissions from, the Schedules to this Agreement or of any other condition or circumstance that would excuse Buyer from its timely performance of its obligations hereunder or give rise to a claim hereunder; provided, however, that any failure by Buyer to notify Parent with respect to any such error, omission, condition or circumstance will not reduce Parent’s indemnification obligations or Buyer’s other rights and remedies hereunder.
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ERROR OR OMISSION. Prior to the Closing, each Party shall notify the other Party of: (a) any material notice or other communication received by such Party or any of its Affiliates from any Governmental Entity in connection with the transactions contemplated hereby or from any Person alleging that the consent of such Person is or may be required in connection with the transactions contemplated hereby in respect to those circumstances in which the underlying contract, obligation or arrangement is material and (b) the occurrence or non-occurrence of any event or any matter (including a breach of any representation, warranty, covenant or agreement contained in this Agreement) that would reasonably be expected to lead to the failure to satisfy any of the conditions to Closing in Article 6 or 7, provided, however, that the delivery of any notice pursuant to this Section 4.6 shall not cure any breach of any representation or warranty, the failure to comply with any covenant, the failure to meet any condition or otherwise limit or affect the remedies available hereunder to the Party giving or receiving such notice.
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ERROR OR OMISSION. It is expressly understood and agreed that if non-payment of reinsurance premium within the time specified or failure to comply with other terms of this Agreement is shown to be the result of a misunderstanding, oversight or clerical error, both Company and Reinsurer shall be restored to the positions they would have occupied had no such misunderstanding, oversight or clerical error occurred. Upon discovery of the oversight, clerical error or misunderstanding, the party that committed the oversight or clerical error or acted incorrectly as a result of a misunderstanding shall promptly notify the other party in writing.
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ERROR OR OMISSION. Prior to the Closing, each of Seller and Buyer shall promptly notify the other Party in writing if it obtains knowledge that any representation or warranty of Seller set forth in this Agreement is not true and correct or if it obtains knowledge of any errors in, or omissions from, the Schedules to this Agreement or of any condition or circumstance that could excuse Buyer from its timely performance of its obligations hereunder or give rise to a claim by Buyer hereunder.
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ERROR OR OMISSION. There is a medication error involving the prescribing, transcribing, dispensing, administration and/or distribution of medication(s) to an individual receiving a service. • A young person who is receiving a service is improperly detained in or released from a youth justice custody/detention facility (i.e. contrary to a court order or contrary to the proper administration of applicable legislation). • A child who is receiving a service is improperly committed or released from a secure treatment program. • There is a breach or a potential breach of privacy and/or confidentiality, including any instance/suspected instance when personal information of an individual who is receiving a service has been collected, used, stolen, lost or disclosed without authority that results in serious harm or risk of serious harm to the individual and/or others, or is in contravention of the YCJA.
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ERROR OR OMISSION. You and the Corporation agree to examine each Card Account statement received from us and to notify us of any alleged error or omission within 60 days after such statement was provided, whether by personal delivery, posting or any other arrangement described in clause 14.1. After such 60- day period, such statement shall be deemed accepted and conclusively settled and no claim to the contrary by you and/ or the Corporation shall be admissible, save only in respect of: (i) any alleged error or omission so notified; or (ii) any case involving forgery or fraud by any third party or other circumstances to which clause 3.3 applies, in either case provided you and/or the Corporation have complied with clauses 3.1 and 3.2.
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Related to ERROR OR OMISSION

  • Delays or Omissions No delay or omission to exercise any right, power or remedy accruing to any party under this Agreement, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party of any breach or default under this Agreement, or any waiver on the part of any party of any provisions or conditions of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

  • No Misstatement or Omission The Registration Statement, when it became or becomes effective, and the Prospectus, and any amendment or supplement thereto, on the date of such Prospectus or amendment or supplement, conformed and will conform in all material respects with the requirements of the Securities Act. At each Settlement Date, the Registration Statement and the Prospectus, as of such date, will conform in all material respects with the requirements of the Securities Act. The Registration Statement, when it became or becomes effective, did not, and will not, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. The Prospectus and any amendment and supplement thereto, on the date thereof and at each Applicable Time (defined below), did not or will not include an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The documents incorporated by reference in the Prospectus or any Prospectus Supplement did not, and any further documents filed and incorporated by reference therein will not, when filed with the Commission, contain an untrue statement of a material fact or omit to state a material fact required to be stated in such document or necessary to make the statements in such document, in light of the circumstances under which they were made, not misleading. The foregoing shall not apply to statements in, or omissions from, any such document made in reliance upon, and in conformity with, information furnished to the Company by Agent specifically for use in the preparation thereof.

  • Delay or Omission; No Waiver No course of dealing on the part of any Noteholder and no delay or failure on the part of any such Person to exercise any right hereunder shall impair such right or operate as a waiver of such right or otherwise prejudice such Person's rights, powers and remedies hereunder. Every right and remedy given by this Unconditional Guaranty or by law to any Noteholder may be exercised from time to time as often as may be deemed expedient by such Person.

  • Delay or Omission Not Waiver No delay or omission of the Trustee or of any Holder of any Securities to exercise any right or remedy accruing upon any Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Article or by law to the Trustee or to the Holders may be exercised from time to time, and as often as may be deemed expedient, by the Trustee or by the Holders, as the case may be.

  • No Untrue Statements or Omissions The information provided by the Sub-Adviser to the Adviser in writing shall not, to the knowledge of the Sub-Adviser, contain any untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading.

  • Material Misstatements or Omissions Neither this Agreement nor any other document, certificate or statement furnished to Purchaser by or on behalf of Seller in connection with this Agreement contains any untrue statement of a material fact, or omits any material fact necessary to make the statements contained herein or therein not misleading in light of the context in which they were made.

  • No Misstatements or Omissions (i) As of the Effective Date and as of the applicable effective date of any subsequent amendment to the Registration Statement (including the filing of any document incorporated by reference in the Registration Statement) that becomes effective prior to the Closing Time (as defined in Section 2(b)), the Registration Statement, as then amended as of any such time, and the Indenture, complied or will comply, as the case may be, in all material respects with the applicable requirements of the 1933 Act, the Trust Indenture Act of 1939, as amended (the “1939 Act”), and the 1934 Act and the respective rules thereunder, (ii) as of the date hereof, and as of the date of any further supplement to the Prospectus, the Prospectus, as then amended or supplemented as of any such time, will comply in all material respects with the applicable requirements of the 1933 Act, the 1939 Act and the 1934 Act and the respective rules thereunder, (iii) as of the Effective Date and as of the applicable effective date of any subsequent amendment to the Registration Statement that becomes effective prior to the Closing Time, the Registration Statement, as then amended as of such time, did not or will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein not misleading, (iv) the Disclosure Package (as defined below) does not, and at the Applicable Time and at the Closing Time, will not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading and (v) as of the date hereof, as of the date of any further supplement to the Prospectus and as of the Closing Time, the Prospectus, as then amended or supplemented as of such time, did not or will not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representations or warranties as to (i) that part of the Registration Statement which shall constitute the Statement of Eligibility on Form T-1 under the 1939 Act of the Trustee (the “Form T-1”) or (ii) the information contained in or omitted from the Registration Statement or the Prospectus or any amendment thereof or supplement thereto in reliance upon and in conformity with information furnished in writing to the Company by or on behalf of any Underwriter through the Representatives specifically for use in the Registration Statement and the Prospectus.

  • Delay or Omission Not a Waiver No delay or omission of the Indenture Trustee or any Holder of any Note to exercise any right or remedy accruing upon any Default or Event of Default shall impair any such right or remedy or constitute a waiver of any such Default or Event of Default or an acquiescence therein. Every right and remedy given by this Article V or by law to the Indenture Trustee or to the Noteholders may be exercised from time to time, and as often as may be deemed expedient, by the Indenture Trustee or by the Noteholders, as the case may be.

  • No Material Misstatement or Omission The Underwriters shall not have discovered and disclosed to the Company on or prior to the Closing Date and any Option Closing Date that the Registration Statement or any amendment or supplement thereto contains an untrue statement of a fact which, in the opinion of Representative Counsel, is material or omits to state any fact which, in the opinion of such counsel, is material and is required to be stated therein or is necessary to make the statements therein not misleading, or that the Registration Statement, the Pricing Disclosure Package, any Issuer Free Writing Prospectus or the Prospectus or any amendment or supplement thereto contains an untrue statement of fact which, in the opinion of Representative Counsel, is material or omits to state any fact which, in the opinion of Representative Counsel, is material and is necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading.

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