IN THE MATTER OF Sample Clauses

IN THE MATTER OF. Essar Power (Jharkhand) Limited, Prakash Deep Building, 10th Floor 0, Xxxxxxx Xxxx, New Delhi -110001 ---------------Petitioner Noida Power Company Limited Commercial Complex, H-Block, Alpha-II Sector Greater Noida - 201308 ---------------Respondent The following were present:
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IN THE MATTER OF. Power Purchase Agreement for purchase of 240 MW of electricity on long term basis under Case - I tariff based competitive bidding procedure as per guidelines issued by Government of India (GoI).
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IN THE MATTER OF. The U.S. Department of the [DoD Component] [Name of Facility] Administrative Docket Number: FEDERAL FACILITY AGREEMENT UNDER CERCLA 120 TABLE OF CONTENTS Section
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IN THE MATTER OF. The Companies Act of Nova Scotia, being Chapter 81 of the Revised Statutes of Nova Scotia, 1989 as amended ORDER XXXXXXX XxXXXXXX STIRLING SCALES 0000 Xxxxx Xxxxx Xxxxxx Xxxxx’x Wharf Tower One X.X. Xxx 000 Xxxxxxx, Xxxx Xxxxxx X0X 0X0
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IN THE MATTER OF. AND The parties in this appeal have voluntarily resolved all disputed matters and enter into the following settlement, which fully disposes of all issues in controversy between them.
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IN THE MATTER OF. THE U.S. ARMY CORPS OF ENGINEERS IOWA ARMY AMMUNITION PLANT MIDDLETOWN, IOWA FUSRAP FEDERAL FACILITY AGREEMENT UNDER CERCLA SECTION 120 U.S. EPA, Region VII, Administrative Docket Number: CERCLA-07-2005-0378 IT IS SO AGREED: For the United States Army Corps of Engineers: Date: Brigadier General Xxxxxx Xxxxx Division Engineer Mississippi Valley Division U.S. Army Corps of Engineers IN THE MATTER OF: THE U.S. ARMY CORPS OF ENGINEERS IOWA ARMY AMMUNITION PLANT MIDDLETOWN, IOWA FUSRAP FEDERAL FACILITY AGREEMENT UNDER CERCLA SECTION 120 U.S. EPA, Region VII, Administrative Docket Number: CERCLA-07-2005-0378 IT IS SO AGREED: For the United States Department of Energy: Date: Xxxxxxx Xxxx Director Office of Legacy Management U.S. Department of Energy IN THE MATTER OF: THE U.S. ARMY CORPS OF ENGINEERS IOWA ARMY AMMUNITION PLANT MIDDLETOWN, IOWA FUSRAP FEDERAL FACILITY AGREEMENT UNDER CERCLA SECTION 120 U.S. EPA, Region VII, Administrative Docket Number: CERCLA-07-2005-0378 IT IS SO AGREED: For the State of Iowa: Date: Xxxxxx X. Xxxxxxx Governor of Iowa IN THE MATTER OF: THE U.S. ARMY CORPS OF ENGINEERS IOWA ARMY AMMUNITION PLANT MIDDLETOWN, IOWA FUSRAP FEDERAL FACILITY AGREEMENT UNDER CERCLA SECTION 120 U.S. EPA, Region VII, Administrative Docket Number: CERCLA-07-2005-0378 IT IS SO AGREED: For the United States Environmental Protection Agency: Date: Xxxxxxx X. Xxxx Acting Regional Administrator Region VII U.S. Environmental Protection Agency APPENDIX A This Agreement covers response actions at the following 7 areas: Line 1 Firing Site Area West Burn Pads Area (South of the Road) Warehouse 3-01 Yard G Yard C Yard L, areas surrounding Warehouses L-37-1, L-37-2, and L-37-3 APPENDIX B SITE MANAGEMENT PLAN For FUSRAP Activities At Iowa Army Ammunition Plant Middletown, Iowa May 2006 SITE MANAGEMENT PLAN IOWA ARMY AMMUNITION PLANT Table of Contents 1.0 Introduction 65 1.1 Purpose of the Site Management Plan. 65
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Related to IN THE MATTER OF

  • Entire Liability TO THE FULL EXTENT PERMITTED BY LAW, VOCERA’S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS PROVISION SHALL BE A SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS, THE ALLEGED INFRINGEMENT OR MISAPPROPRIATION THEREOF AND ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF NON-INFRINGEMENT.

  • INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES Notwithstanding any other provision set forth herein, in no event shall the Custodian be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.

  • Breach Liability 7.1 Subject to provisions under Section 4 of this Agreement, Party B and Party C shall jointly and severally indemnify and hold harmless Party A and any of its shareholders, directors, employees, affiliates, agents, successors and trustees from any claim, harm, expenses, indemnities, liabilities, fines or any other loss or damages arising from:

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Indemnification Exclusive Remedy In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.

  • Third Party Claims If any Indemnified Party receives notice of the assertion or commencement of any Action made or brought by any Person who is not a party to this Agreement or an Affiliate of a party to this Agreement or a Representative of the foregoing (a “Third-Party Claim”) against such Indemnified Party with respect to which the Indemnifying Party is obligated to provide indemnification under this Agreement, the Indemnified Party shall give the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than thirty (30) calendar days after receipt of such notice of such Third-Party Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Third-Party Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have the right to participate in, or by giving written notice to the Indemnified Party, to assume the defense of any Third-Party Claim at the Indemnifying Party’s expense and by the Indemnifying Party’s own counsel, and the Indemnified Party shall cooperate in good faith in such defense. In the event that the Indemnifying Party assumes the defense of any Third-Party Claim, subject to Section 8.03(b), it shall have the right to take such action as it deems necessary to avoid, dispute, defend, appeal or make counterclaims pertaining to any such Third-Party Claim in the name and on behalf of the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any Third-Party Claim with counsel selected by it subject to the Indemnifying Party’s right to control the defense thereof, provided that the fees and disbursements of such counsel shall be at the expense of the Indemnified Party.

  • Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  • Breach of Representations or Warranties Any representation or warranty made by the Borrower to the Lenders or the Administrative Agent under this Agreement, or any certificate or information delivered in connection with this Agreement, shall be false in any material respect when made or deemed made.

  • LIMITATION OF LIABILITY OF THE MANAGER The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

  • Affiliate Liability (a) Each of the following is herein referred to as a “Company Affiliate”: (i) any direct or indirect holder of equity interests or securities in the Company (whether limited or general partners, members, stockholders or otherwise), and (ii) any director, officer, employee or other Representative of (A) the Company, (B) the Company Manager or (C) any Person who controls the Company. To the fullest extent permitted by applicable Law, no Company Affiliate shall have any liability or obligation to Parent or Merger Sub of any nature whatsoever in connection with or under this Agreement or the Transactions, and Parent and Merger Sub hereby waive and release all claims of any such liability and obligation. 77

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