Exercise of Reasonable Care. The Custodian will exercise reasonable care, prudence, and diligence in performing its responsibilities under this Article III. With respect to the Risk Analyses provided or monitoring performed by an agent, the Custodian will exercise reasonable care in the selection of such agent, and shall be entitled to rely upon information provided by agents so selected in the performance of its duties and responsibilities under this Article III.
Exercise of Reasonable Care. You must exercise reasonable care to prevent injury, loss or damage to You or others and comply with all the terms and conditions of this Agreement.
Exercise of Reasonable Care. (a) Vastera shall exercise reasonable care or such other applicable standard of conduct as is applicable in any jurisdiction in which the Services under this Agreement have been or are being performed. Vastera's failure to exercise reasonable or such other applicable standard of conduct shall entitle Ford to indemnification, as provided in section 15.1 of this Agreement.
(b) If, in its performance of the Services or meeting the Objectives under this Agreement, Vastera wants to take any action or position that, in the judgment of a reasonable person in similar circumstances, would expose or subject Ford to a material dispute, challenge or enforcement action by any governmental authority or agency (including, but not limited to, changes in the historic classifications and historic valuations of Ford goods), Vastera shall provide Ford with written notice of the proposed action or position, along with an explanation and request Ford's consent prior to taking any action or position, prior to taking any action or position. Consent shall be given in Ford's sole discretion.
Exercise of Reasonable Care. Mellon will exercise reasonable care, prudence, and diligence in performing its responsibilities under this Article III. With respect to the Risk Analyses provided or monitoring performed by an agent, Mellon will exercise reasonable care in the selection of such agent, and shall be entitled to rely upon information provided by agents so selected in the performance of its duties and responsibilities under this Article III.
Exercise of Reasonable Care. The Custodian, whether or not it uses an agent, will exercise reasonable care, prudence, and diligence in performing its responsibilities under this Article II. With respect to the Risk Analyses provided or monitoring performed by an agent, the Custodian will exercise reasonable care, prudence and diligence in the selection of such agent, and shall be entitled to rely upon information provided by agents so selected in the performance of its duties and responsibilities under this Article II.
Exercise of Reasonable Care. Lender shall be deemed to have exercised reasonable care in the custody and preservation of any of the Collateral at any time if it takes such action for that purpose as Borrower shall request in writing, but failure of Lender to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure of Lender to preserve or protect any rights with respect to such Collateral against third parties, or to do any act with respect to the preservation of the Collateral not so requested by Borrower, shall be deemed a failure to exercise reasonable care in the custody or preservation of the Collateral.
Exercise of Reasonable Care. The Custodian will exercise reasonable care, prudence, and diligence in performing its responsibilities under this Article III. Based on the information available to it in the exercise of the foregoing standard of care, the Custodian shall promptly advise the Fund if any Securities Depository ceases to be eligible and will withdraw the Fund's foreign Assets from the depository as soon as reasonably practical. With respect to the Risk Analyses provided or monitoring performed by an agent, the Custodian will exercise reasonable care in the selection of such agent, and shall be entitled to rely upon information provided by agents so selected in the performance of its duties and responsibilities under this Article III.
Exercise of Reasonable Care. The Vendor agrees to use reasonable care with regard to the Facility and all MPRB Property located thereon.
Exercise of Reasonable Care. Each of the Coal Parties and each of the Gas Parties shall exercise reasonable care in making use of any road, right of way, power line, substation, other surface facility or radio communication system owned, constructed or controlled by another Party to this Agreement in order to minimize the cost of maintaining and repairing the other Parties’ assets.
