Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 Manager exercising reasonable independent business judgment in good faith in reviewing and approving 30 or disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 and conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 the Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 those arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 determined by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 and severally indemnify, defend and hold the Manager harmless from and against any third party claims, 6 damages, fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 connection with the Manager’s performance under this Agreement, other than those arising out of gross 8 negligence or willful misconduct by the Manager.
Appears in 10 contracts
Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement
Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 24 Manager exercising reasonable independent business judgment in good faith in reviewing and approving 30 25 or disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 26 and conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 27 the Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 28 those arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 29 determined by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 30 and severally indemnify, defend and hold the Manager harmless from and against any third party claims, 6 1 damages, fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 2 connection with the Manager’s performance under this Agreement, other than those arising out of gross 8 3 negligence or willful misconduct by the Manager.
Appears in 3 contracts
Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement
Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 20 Manager exercising reasonable independent business judgment in good faith in reviewing and approving 30 21 or disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 22 and conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 23 the Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 24 those arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 25 determined by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 26 and severally indemnify, defend and hold the Manager harmless from and against any third party claims, 6 27 damages, fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 28 connection with the Manager’s performance under this Agreement, other than those arising out of gross 8 29 negligence or willful misconduct by the Manager.
Appears in 3 contracts
Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement, Sector Operations Plan and Agreement
Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 18 Manager exercising reasonable independent business judgment in good faith in reviewing and approving 30 19 or disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 20 and conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 21 the Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 22 those arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 23 determined by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 24 and severally indemnify, defend and hold the Manager harmless from and against any third party claims, 6 25 damages, fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 26 connection with the Manager’s performance under this Agreement, other than those arising out of gross 8 27 negligence or willful misconduct by the Manager.
Appears in 2 contracts
Samples: Operations Plan and Agreement, Sector Operations Plan and Agreement
Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 25 Manager exercising reasonable independent business judgment in good faith in reviewing and approving 30 26 or disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 27 and conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 28 the Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 29 those arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 30 determined by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 1 and severally indemnify, defend and hold the Manager harmless from and against any third party claims, 6 2 damages, fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 3 connection with the Manager’s performance under this Agreement, other than those arising out of gross 8 4 negligence or willful misconduct by the Manager.
Appears in 2 contracts
Samples: Sector Operations Plan and Agreement, Sector Operations Plan and Agreement
Harmless. Each Member acknowledges that the effectiveness of this Agreement depends on the 29 Manager 11 exercising reasonable independent business judgment in good faith in reviewing and approving 30 or 12 disapproving Members’ fishing plans, monitoring harvest of the Sector’s ACE, and enforcing the terms 1 and 13 conditions of this Agreement. Each Member hereby waives and releases any and all claims against 2 the 14 Manager arising out of or relating to Manager’s performance under this Agreement, other than 3 those 15 arising solely from the gross negligence or willful misconduct by the Manager, as conclusively 4 determined 16 by a court of final and competent jurisdiction. The Sector and the Members agree to jointly 5 and severally 17 indemnify, defend and hold the Manager harmless from and against any third party claims, 6 damages, 18 fines, penalties and liabilities of any kind whatsoever asserted against the Manager in 7 connection with the 19 Manager’s performance under this Agreement, other than those arising out of gross 8 negligence or willful 20 misconduct by the Manager.
Appears in 1 contract
Samples: Sector Operations Plan and Agreement