Extent of Liability. Notwithstanding anything to the contrary contained herein, with respect to the indemnification obligations of the Funds provided in this Section4.03, each Fund shall be: (i) severally, and not jointly and severally, liable with each of the other Funds; and (ii) liable only for its pro rata share of such liabilities, determined with reference to such Fund's proportionate interest in the aggregate of assets held by the Custodian in the Account with respect to which such liability relates at the time such liability was incurred, as reflected on the books and records of the Funds.
Extent of Liability. The provisions of Section 14 of the CAISO Tariff will apply to liability arising under this Operating Agreement, except that all references in Section 14 of the CAISO Tariff to Market Participants shall be read as references to the UDC and references to the CAISO Tariff shall be read as references to this Operating Agreement.
Extent of Liability. 16.1 Both the PAMM Manager and the PAMM Investor hereby agree to indemnify Vantage, its directors, officers, agents and employees and hold the Company, its directors, officers, agents and employees harmless at all times against any liabilities, actions, losses, costs, damages, expenses, penalties, claims or demands of whatever kind (including but not limited to any action taken by any regulatory body/authority against the Company by virtue of any act or omission of the PAMM Manager and/or PAMM Investor) ("Losses") which the Company, its directors, officers, agents and/or employees suffer or incur arising out of this Agreement or in the course of or as a consequence of any act or omission of the PAMM Manager or PAMM Investor or any of their employees or representatives or agent on their behalf otherwise performing or purporting to perform or failing to perform their duties and obligations hereunder.
16.2 The indemnity in clause 16.1 shall not be construed as implying any exclusion of or limitation on any contractual liability which the PAMM Manager or the PAMM Investor may incur under this Agreement and is without prejudice to any other rights or remedies of the Company, whether under this Agreement or otherwise.
Extent of Liability. The Guarantor's liability for the Guaranteed Obligations under this Guarantee and Agreement is limited to the Maximum Guarantee Amount. Except as the same comprise Guaranteed Obligations under the Operative Documents, the Guarantor shall not be liable hereunder for special, consequential, exemplary, tort or other damages. The Guarantor agrees to pay all out-of-pocket expenses (including the reasonable fees and expenses of Security Agent's counsel) incurred for the enforcement of the rights of Security Agent hereunder; provided that the Guarantor shall not be liable for any such expenses if no payment in respect of the Guaranteed Obligations is due. Subject to reinstatement pursuant to Section 2.03, this Guarantee and Agreement shall remain in full force and effect until the NEG Guarantee Release Date unless otherwise terminated in writing by the Guarantor and the Security Agent.
Extent of Liability. 9.1 The following sets out the entire financial liability of the Agent to the Client (including any liability for the acts or omissions of employees, agents or subcontractors) in respect of:
9.1.1 any breach by the Agent of this Agreement;
9.1.2 non or incomplete performance or contemplated performance by the Agent of this Agreement;
9.1.3 negligence for which the Agent is liable;
9.1.4 any representation or statement arising under or in connection with this Agreement or by or on behalf of the Agent; and
9.1.5 any breach of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
9.2 The Agent shall not be responsible for any loss, damage, costs or claims by the Client resulting from the performance or non-performance of the Contract Services by the Freelancer or from the negligence, dishonesty, misconduct or lack of skill of the Freelancer or if the Freelancer terminates an Assignment or Order for any reason.
9.3 The total liability of the Agent to the Client under any Order shall not exceed the value of the Charges in respect of the Order concerned.
9.4 The total liability of the Agent to the Client in respect of all claims under this Agreement shall not exceed ten per cent (10%) of the aggregate value of all Charges payable under this Agreement.
9.5 The Agent shall in no circumstances be liable to the Client for any loss of profits, loss of business or production, depletion of goodwill and any indirect loss, damage, costs or expenses whatsoever arising out of or in connection with the performance of the Agency Services or the Contract Services.
9.6 Notwithstanding anything to the contrary, the Agent’s liability to the Client for death or personal injury resulting from the negligence of the Agent, its employees, agents or sub-contractors or fraud shall not be limited.
9.7 Except to the extent the Agent may be liable to the Client pursuant to this Agreement, the Client shall indemnify and keep the Agent indemnified against any costs, claims, damages, fines, penalties and liabilities incurred by the Agent arising out of any Assignment or as a result of any act, error or omission of the Client or the Freelancer throughout the duration of an Assignment (including, but not limited to, any negligence, breach of statutory duty or breach by the Client of its obligations pursuant to this Agreement).
9.8 The Client shall indemnify and keep indemnified the Agent from and against any and all claims (whether valid or invalid), costs, expenses or...
Extent of Liability. In the event of liability for damages of any nature whatsoever arising out of the performance of this Agreement by Parties, including claims by a Party’s own officers, officials, employees, agents, volunteers, or third parties, caused by or resulting from the concurrent negligence of each Party, their officers, officials, employees and volunteers, each Party’s liability hereunder shall be only to the extent of that Party’s negligence.
Extent of Liability. 23.1 We do not exclude or limit the application of any statute (including the Australian Securities and Investments Commission Act, the Australian Competition and Consumer Act 2010 (Cth) and any similar state or federal legislation) where to do so would contravene the statute or cause any part of this JBWere Agreement or an Additional Service Agreement to be void. Liability for a breach of any provision implied by law which cannot be excluded is limited to:
a. in the case of goods, to the replacement of the goods or the supply of the equivalent goods; or
b. in the case of services, the supplying of the services again.
23.2 We, and each of our respective members and Affiliates, and either of our directors, officers or agents, are not liable for any actions, claims, demands, proceedings, liabilities, losses, damages, costs and expenses (except to the extent resulting from or caused by our negligence, fraud or dishonesty) due to:
a. us acting upon your instructions;
b. us not acting on your instructions where we are permitted to do so;
c. your default;
d. compliance with a direction, request or requirement of the Corporations Act, the Rules or any regulatory authority;
e. error, omission, non-receipt or invalidity in your instructions;
f. problems involving the relevant exchange, Market Operator, and/or failure of an exchange, including any error, omission, interruption, deletion, defect, delay in operation or transmission, or any other factor;
g. any events or circumstances that we cannot reasonably control (for example, failure of electronic or mechanical equipment or communication lines, unauthorised access, or labour problems);
h. any delay, interruption, omission, failure, error or fault by us in passing on and executing your instructions;
i. reliance in good faith on information or advice, or reliance on third-party research reports we provide to you or your Authorised Person;
j. market movements and other risks associated with the trading of Financial Products;
k. suspected or actual manipulative trading, including xxxxxxx xxxxxxx, false or misleading trading, market rigging and market manipulation (by a person other than us or an Affiliate of ours);
l. faults, errors, defects, failures in the Client Portal or other computer systems, or loss of access;
m. reliance on a document or message that we had no reason to believe was not authentic (although we are not obliged to verify this) or delays caused by calling in good faith for further authentication o...
Extent of Liability. 2.1 The Supplier is responsible in full for maintaining the agreed quality of the products. The Supplier is responsible for the unrestricted quality assurance of the products, including the comprehensive testing of the products. The Supplier guarantees that the products are free from faults and that they comply with the agreed specifications and recognized technical standards.
2.2 Depending on agreement, the method of calculating warranty charges will be either a simplified process with specified lump sums for every product complained of and accepted as defective by the Supplier, or by the individual calculation of all costs incurred by XXXXXX and their customers associated with the defective product.
2.3 The two methods of calculation differ in that, with agreed lump-sum figures, the Supplier bears only the costs in the lump-sums. With individual calculations, the Supplier must reimburse all costs which are supported by receipts. This includes the internal and external costs incurred in certifying the defect and the expenses involved in detecting and eliminating the defect. If the individual billing method is applied, the Supplier is always liable without limitation in accordance with legal stipulations.
2.4 If the lump sum method is agreed in the application of the warranty agreement, Section XV Paras. 4 to 7 of XXXXXX’x General Terms and Conditions of Purchase (dated November 2006) are replaced in full by the terms set out below. If the individual billing method is agreed, the Section and paragraphs continue to apply in full.
Extent of Liability. Except as otherwise described in the Act, neither the Limited Partners nor the Special Limited Partner shall be liable for any debts, liabilities, contracts or any other obligations of the Partnership. Except as otherwise described in the Act or this Agreement, each of the Limited Partners and the Special Limited Partner has no liability in excess its share of the Partnership’s assets and undistributed profits. Neither the Limited Partners nor the Special Limited Partner shall be required to lend any funds to the Partnership or to pay to the Partnership, any Partner or any creditor of the Partnership any portion or all of any negative balance of such Limited Partner’s or Special Limited Partner’s Capital Account. No Representative shall be liable for any losses sustained or liabilities incurred as a result of any act or omission of such Representative.
Extent of Liability. The provisions of Section 14 of the ISO Tariff will apply to liability arising under this Operating Agreement, except that all references in Section 14 of the ISO Tariff to Market Participants shall be read as references to the UDC and references to the ISO Tariff shall be read as references to this Operating Agreement.
