LIABILITY a. It will be the normal practice of the Fund not to hold RPS liable with respect to any Transaction which causes Dilution to any single Fund of less than $25,000. RPS will, however, closely monitor for each Fund the daily and Cumulative Gain/Dilution which is caused by Transactions of less than $25,000. When the Cumulative Dilution to any Fund exceeds 3/10 of 1% per share, RPS, in consultation PAGE 25 with counsel to the Fund, will make appropriate inquiry to determine whether it should take any remedial action. RPS will report to the Board of Directors/Trustees of the Fund ("Board"), as appropriate, any action it has taken.
LIABILITY a. It will be the normal practice of the Fund not to hold RPS liable with respect to any Transaction which causes Dilution to any single Fund of less than $25,000. RPS will, however, closely monitor for each Fund the daily and Cumulative Gain/Dilution which is caused by Transactions of less than $25,000. When the Cumulative Dilution to any Fund exceeds 3/10 of 1% per share, RPS, in consultation with counsel to the Fund, will make appropriate inquiry to determine whether it should take any remedial action. RPS will report to the Board of Directors/Trustees of the Fund ("BOARD"), as appropriate, any action it has taken. b. Where a Transaction causes Dilution to a Fund greater than $25,000 ("SIGNIFICANT TRANSACTION") but less than $100,000, RPS will review with Counsel to the Fund the circumstances surrounding the underlying Significant Transaction to determine whether the Significant Transaction was caused by or occurred as a result of a negligent act or omission by RPS. If it is determined that the Dilution is the result of a negligent action or omission by RPS, RPS and outside counsel for the Fund will negotiate settlement. All such Significant Transactions will be reported to the Audit Committee at its annual meeting (unless the settlement fully compensates the Fund for any Dilution). Any Significant Transaction, however, causing Dilution in excess of the lesser of $100,000 or a pxxxx per share will be promptly reported to the Board -------- and resolved at the next scheduled Board Meeting. Settlement for Significant Transactions causing Dilution of $100,000 or more will not be entered into until approved by the Board. The factors to consider in making any determination regarding the settlement of a Significant Transaction would include but not be limited to: i. Procedures and controls adopted by RPS to prevent As Of Processing; ii. Whether such procedures and controls were being followed at the time of the Significant Transaction; iii. The absolute and relative volume of all transactions processed by RPS on the day of the Significant Transaction; iv. The number of Transactions processed by RPS during prior relevant periods, and the net Dilution/Gain as a result of all such Significant Transactions to the Fund and to all other Funds; and
LIABILITY a. It will be the normal practice of the Fund not to hold RPS liable with respect to any Transaction which causes Dilution to any single Fund of less than $25,000. RPS will, however, closely monitor for each Fund the daily and Cumulative Gain/Dilution which is caused by Transactions of less than $25,000. When the Cumulative Dilution to any Fund exceeds 3/10 of 1% per share, RPS, in consultation with counsel to the Fund, will make appropriate inquiry to determine whether it should take any remedial action. RPS will report to the Board of Directors/Trustees of the Fund ("Board"), as appropriate, any action it has taken. b. Where a Transaction causes Dilution to a Fund greater than $25,000 ("Significant Transaction") but less than $100,000, RPS will review with Counsel to the Fund the circumstances surrounding the underlying Significant Transaction to determine whether the Significant Transaction was caused by or occurred as a result of a negligent act or omission by RPS. If it is determined that the Dilution is the result of a negligent action or omission by RPS, RPS and outside counsel for the Fund will negotiate
LIABILITY a. Neither party nor any of their affiliates shall be liable for any incidental, consequential or special damages arising from the other party’s use of service provided under this Agreement. Each party shall indemnify and defend the other party against any claims or actions arising from the indemnifying party’s use of the service provided under this Agreement, except for damages caused by the sole recklessness of the indemnified
B. Neither party makes any warranties, express or implied, for any hardware, software, goods, or services provided under this Agreement. All warranties, including those of merchantability and fitness for a particular purpose, are expressly disclaimed and waived.
C. In any event, each party’s liability for all claims arising under this Agreement, or under the use of the service provided under this Agreement, shall be limited to the amount of the charges billed to the party making a claim for the month during which the claim arose.
LIABILITY a. Neither party nor any of their affiliates shall be liable for any incidental, consequential or special damages arising from the other party’s use of service provided under this Agreement. Each party shall indemnify and defend the other party against any claims or actions arising from the indemnifying party’s use of the service provided under this Agreement, except for damages caused by the sole recklessness of the indemnified Neither party makes any warranties, express or implied, for any hardware, software, goods, or services provided under this Agreement. All warranties, including those of merchantability and fitness for a particular purpose, are expressly disclaimed and waived.
LIABILITY a. Plan Zheroes accepts no liability in respect of the Food or any other donated items, whether in the possession and control of the Donor, relevant Charities or Volunteer Transporters.
LIABILITY a. Buyer's liability in the event of notice of project discontinuance or cancellation without re-order shall be calculated based on using the [*]. Both Buyer and Seller will review the current [*] and past [*] to determine liability. At no time is Compaq liable for any material positioned in excess of the average of the last [*] or discrete P.O.s., governed in Table 1, above. B. A Reclaim Value shall be calculated to value material. "Reclaim Value" shall mean the value of components that can be [*] or [*], less [*], to original manufacture within [*] days, once Buyer has provided notice of a volume decrease, and will be negotiated at the time required. Upon Buyer's approval, Seller shall use [*] commercially reasonable efforts to obtain the maximum Reclaim Value available in the market. C. The value of Finished Goods shall be calculated as follows: Number of units in Buffer [*] as defined in III A. below) plus units in transit ([*] utilizing ocean freight and [*] utilizing air freight) times the unit price minus Reclaim Value. * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 34 <PAGE> 36 D. The value of Work in Process (WIP) shall be calculated as follows: Number of parts in WIP to be assessed based on point in process when decision to stop build is issued (defined as maximum liability) minus Reclaim Value. The number of parts in WIP shall be no greater than [*].
LIABILITY a. It will be the normal practice of the Fund not to hold RPS liable with respect to any Transaction which causes Dilution to any single Fund of less than $25,000. RPS will, however, closely monitor for each Fund the daily and Cumulative Gain/Dilution which is caused by Transactions of less than $25,000. When the Cumulative Dilution to any Fund exceeds 3/10 of 1% per share, RPS, in consultation with counsel to the Fund, will make appropriate inquiry to determine whether it should take any remedial action. RPS will report to the Board of Directors/Trustees of the Fund ("BOARD"), as appropriate, any action it has taken. b. Where a Transaction causes Dilution to a Fund greater than $25,000 ("SIGNIFICANT TRANSACTION") but less than $100,000, RPS will review with Counsel to the Fund the circumstances surrounding the underlying Significant Transaction
LIABILITY a. To the extent permitted by law, the University shall defend, indemnify and hold harmless the State, its officers, employees and agents from and against any and all liability, loss, expense, attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the University, its respective officers, agents or employees.
LIABILITY a. When you choose to go public with any comments or material in any way, including on social media, you are solely responsible for such comments and materials. You should be aware that you can be held personally liable for any comments and material that may be deemed to be defamatory, obscene or proprietary. b) In any situation, you should not post information which you have been asked not to, or not been provided consent for, especially those governed by intellectual property rights or the Personal Data Protection Act (PDPA).
