Exemption from Liability. A Member or a Specified Corporate User may not for any reason seek compensation from DBS for suffering damages arising from either because the use of or inability to use the bicycle. However a Member or a Specified Corporate User may claim compensation with in the amount of fees received from the said Members for damages are result of willful intent or gross negligent on the part of DBS.
Exemption from Liability. To the maximum extent permitted by applicable law, the Manager shall not be liable to the Company or any other third party (a) for mistakes of judgment, (b) for any act or omission suffered or taken by it, or (c) for losses due to any such mistakes, action or inaction.
Exemption from Liability. 14.1 Unless otherwise provided herein, within the term of this Agreement, if one party is unable to perform or continue to perform this Agreement due to Force Majeure or other reasons which cannot be controlled or affected by parties hereto, which will have a material adverse effect on both parties or either party, both parties may negotiate on whether to terminate this Agreement.
14.2 If one party is unable to perform this Agreement due to Force Majeure or other reasons which cannot be controlled or affected by such party, it shall notify the other party promptly, and immediately take active remedy actions to alleviate the possible loss on the Entrusted Assets and the other party.
14.3 If one party is unable to fully perform this Agreement due to Force Majeure or other reasons which cannot be controlled or affected by such party, part or all of both parties’ liability may be exempted according to the nature of such Force Majeure, provided that it has notified the other party promptly, immediately taken active remedy actions, and provided the evidence for the Force Majeure.
Exemption from Liability. Tenant shall insure its personal property under a “Special Form” (as defined by the insurance industry). Landlord shall not be liable for any damage or injury to the person, property or business (including loss of revenue, profits or data) of any Tenant Party except to the extent of any damage or injury to persons or property arising from Landlord’s negligence or willful misconduct (but subject to the provisions of Section 7.03 and exclusions from liability set forth in Section 10.02(c), and nothing in this sentence shall be construed to limit Tenant’s express remedies pursuant to Sections 6.01 and 12.01 of this Lease). Except as otherwise expressly provided in this Lease, this exemption shall apply whether such damage or injury is caused by (among other things): (i) fire, steam, electricity, water, gas, sewage, sewer gas or odors, snow, ice, frost or rain; (ii) the breakage, leaking, obstruction or other defects of pipes, faucets, sprinklers, wires, appliances, plumbing, windows, air conditioning or lighting fixtures or any other cause; (iii) any other casualty or any Taking; (iv) theft; (v) conditions in or about the Property or from other sources or places; or (vi) any act or omission of any other tenant.
Exemption from Liability. (a) The Customer acknowledges and agrees that no representation or warranty is given by the Bank as to the performance or profitability of any Investments held on the Customer’s behalf. Except to the extent the same results directly and solely from the Bank’s gross negligence, wilful misconduct, or fraud and only to the extent of direct and reasonably foreseeable loss and damage (if any) arising directly or solely therefrom, which shall not exceed the market value of such Investment at the time of such gross negligence, wilful misconduct or fraud, the Bank does not assume any liability or responsibility to the Customer or any other person for any Losses, which may be incurred or suffered by the Customer or any other person as a result of or in connection with (including without limitation):
(i) any loss of opportunity whereby the value of the Customer’s Investments could have been increased or for any decline in the value of the Customer’s Investments, howsoever arising;
(ii) any errors of fact or judgment or any action taken (or omitted to be taken) by the Bank in good faith;
(iii) the Bank acting on or the refusal, failure or inability to act on the Instructions received by the Bank;
(iv) the negligence, wilful misconduct, fraud, act or omission of any person through whom transactions are effected by the Bank on the Customer’s behalf or who is the counterparty to any such transaction provided that the Bank has exercised reasonable care and has acted in good faith in the appointment or selection of such person;
(v) access to the Services by the Customer or any other person whether or not authorised;
(vi) any interruption, suspension, delay, loss, mutilation or other failure in transmission of the Instructions or other information howsoever caused;
(vii) any failure or delay in transmitting information, quotations, or execution of orders, resulting from malfunctions or errors in communication or transmitting facilities or from significant fluctuations in international foreign exchange markets, or from other causes not attributable to the Bank; and
Exemption from Liability. Under Section 16(b). Assuming that Franklin delivers to Fifth Third the Section 16 Information in a timely fashion prior to the Effective Time, the Board of Directors of Fifth Third, or a committee of Non-Employee Directors thereof (as such term is defined for purposes of Rule 16b-3(d) under the Exchange Act), shall reasonably promptly thereafter and in any event prior to the Effective Time adopt a resolution, expressly relying on Franklin's representation that any such options or other grants were upon their issuance exempt from liability pursuant to Section 16(b) under the Exchange Act, providing that the receipt by the Franklin Insiders of Fifth Third Common Stock in exchange for shares of Franklin Common Stock, and of options to purchase shares of Fifth Third Common Stock upon conversion of options to purchase shares of Franklin Common Stock, in each case pursuant to the transactions contemplated hereby and to the extent such securities are listed in the Section 16 Information, are intended to be exempt from liability pursuant to Section 16(b) under the Exchange Act; provided, however, that the Board of Directors of Fifth Third will be under no obligation to adopt such a resolution unless it may expressly rely on a written representation by Franklin that any such options or other grants were, upon their issuance, exempt from liability pursuant to Section 16(b) under the Exchange Act. "Section 16 Information" shall mean information accurate in all respects regarding the Franklin Insiders, the number of shares of Franklin Common Stock held by each such Franklin Insider and expected to be exchanged for Fifth Third Common Stock in the Merger, and the number and description of the options to purchase shares of Franklin Common Stock held by each such Franklin Insider and expected to be converted into options to purchase shares of Fifth Third Common Stock in connection with the Merger. " Franklin Insiders" shall mean those officers and directors of Franklin who are subject to the reporting requirements of Section 16(a) of the Exchange Act and who are listed in the Section 16 Information.
Exemption from Liability. A member or a specified corporate user may not for any reason seek compensation from DOCOMO BIKESHARE in excess of the amount DOCOMO BIKESHARE receives from the said member or specified corporate user as payment for use for a bicycle even when a member or a specified corporate user sustains damages from use of or inability to use the bicycle except in cases where such damages are a result of wilful intent or gross neglect on the part of DOCOMO BIKESHARE.
Exemption from Liability. (a) Any action which the Bank may or may not take will be solely for the account and risk of the Customer. Without prejudice to, and in addition to, any exemption or limitation from liability clauses under the Agreement (including but not limited to Part I, Part II and Part IV of these General Terms), the Bank shall not be liable or responsible in any manner for any Losses that the Customer or any other person may suffer or incur howsoever arising as a result of, arising from or in connection with any action taken or for any failure to act, except for wilful misconduct or gross negligence on the part of the Bank, any of its directors, officers, employees or agents. The Bank further has no duty or responsibility to give notice of default or make demand for payment or take any other action with respect to any Securities or Investments as to which a default in payment had occurred. Without prejudice to the foregoing, the Bank shall not be liable for any loss or diminution in the value of any property or security under the Discretionary Account(s) resulting from, arising from or in connection with any Investment made by the Bank in good faith and without gross negligence or fraud on the part of the Bank or any of its directors, officers, employees or agents.
(b) The Customer and the Bank expressly agree that neither the Bank, any Affiliate or any officer, director, agent or employee thereof shall be liable for any Losses, including but not limited to any diminution in the value or loss or damage to any property or security under the Discretionary Account(s) or otherwise in connection with the Discretionary Account(s). The Bank, any Affiliate and any director, officer, agent or employee thereof shall be entitled to every exemption from liability, every defence and every indemnity to which the Bank is entitled.
(c) The Bank may effect sales and purchases of Investments through such brokers, investment advisers and financial institutions (whether they are Affiliates or not) as the Bank may from time to time select. The Bank shall not be liable or responsible for any act or omission of any such broker, investment adviser or financial institution. The Customer shall be bound by all terms and conditions pursuant to which the Bank effects each of the sale and/or purchase of Investments on the Customer’s behalf with any broker, investment adviser or financial institution, as the case may be. The Customer also acknowledges that the Bank may for the purpose of effecting...
Exemption from Liability. 12.1 Save and except for damages arising directly from the Bank’s wilful default or gross negligence, the Bank shall not be responsible or liable for any expense, loss, damage, liability or other consequences suffered or incurred by the Customer:
(a) Provided that the Bank has acted in good faith on the Customer’s Instructions;
(b) in connection with the Bank’s refusal to accept the funds in accordance with this Schedule 1;
(c) for any loss or damage caused by any delay or failure in any transmission or communication facilities;
(d) arising from the Bank’s inability to detect any irregularity in the Customer’s signature through no fault of the Bank;
(e) arising from the Customer or the Customer’s agent’s negligence, default or misconduct.
Exemption from Liability. I hereby fully and forever discharge and release 45 DAY EXPERIMENT ORGANIZATION from any and all liability, claims, demands, actions, and causes of action whatsoever, both in law and equity, arising out of or in any way resulting from personal, physical, psychological, emotional or any other injuries, distress or death, allegedly sustained during or from the 45 DAY EXPERIMENT or any of its associated activities. This provision releases every kind of liability or damage, including but not limited to loss, damage, or injury resulting from the negligence of 45 DAY EXPERIMENT ORGANIZATION or from any other cause or causes, whether resulting from my own negligent acts or omissions, from the acts or omissions of third parties, or from the acts or omissions of 45 DAY EXPERIMENT ORGANIZATION. I acknowledge that 45 DAY EXPERIMENT ORGANIZATION will not be liable for any other direct or indirect loss, cost or expense, of any nature, however caused.
