Liability and Dispute Resolution. All parties agree to resolve any complaints arising out of this agreement by mediation in Orange County, Florida. Any disputes not resolved first by mediation will be settled by neutral binding arbitration in Orange County, Florida. The parties knowingly and voluntarily waive their right to a jury trial in the resolution of any dispute between them. Owner shall indemnify and hold AVO harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from liability to any person that AVO incurs because of Owner/Client's negligence, representations, misrepresentations, actions or inactions. Limited Money Back Guarantee: If owner/client’s advertisement remains active & continual with AVO and owner/client is able to obtain an offer and generate a sale or rental other than through marketing efforts of AVO, XXX will refund 100% of the advertising fee to the owner/client with conclusive documentation. Advertised property must be rented/sold within 10% of the original listing asking price and solely applies to the property that is contracted. Does not apply to owner upgrade agreements with resort or advertisements that have gone inactive.
Liability and Dispute Resolution. 5.1. The Contractor shall not be liable in the event of non-performance or improper performance of services on its part or on the part of third parties, arising due to the unreliability, failure or delay in confirming the information provided by the Customer and arising as a result of other Customer’s violations of the terms and conditions of the Offer.
5.2. The Contractor shall not be liable in the event of the Customer’s failure to attend the Event due to the circumstances beyond the control of the Contractor.
5.3. The Contractor shall not be liable for non-compliance of the Event to the Customer’s expectations and his subjective assessment.
5.4. The Contractor shall not be liable for damages caused by the surrounding circumstances to the Customer and / or his property during the Event due to the fault of the Customer, other participants or third parties.
5.5. The Parties shall make every effort to reach agreement on controversial issues through negotiations. If they can not reach agreement by negotiation, the disputes shall be referred to the Court of Arbitration.
5.6. All other matters not provided for in this Offer shall be governed by the legislation of the Russian Federation. All disputes arising out of the provisions of the Offer will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
Liability and Dispute Resolution. (a) We will maintain, directly or through a Service Provider, appropriate records of our placements for you. We will not place deposits for you through ICS at a Destination Institution that is the subject of a then- effective exclusion on your Exclusions List, at a Destination Institution that is the subject of a then- effective rejection by you, or at a Destination Institution under one Depositor Identifier in an amount that exceeds the SMDIA.
(b) If all or part of your funds in a Deposit Account at a Destination Institution are uninsured because of our failure to comply with the requirements set forth in Section 10.3(a), and if the Destination Institution fails and you do not otherwise recover the uninsured portion, we will reimburse you for your documented loss of the uninsured portion that you do not otherwise recover.
(c) SUBJECT TO OUR REIMBURSEMENT OBLIGATION IN SECTION 10.3(b), AND EXCEPT AS MAY BE OTHERWISE REQUIRED BY APPLICABLE LAW, WE WILL NOT BE LIABLE, AND IN NO EVENT WILL INTRAFI OR BNY MELLON BE LIABLE, TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGE INCURRED OR ALLEGEDLY INCURRED IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, WE, INTRAFI, AND BNY MELLON WILL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOSS ARISING OUT OF OR RELATING TO A CAUSE OVER WHICH WE DO NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, GOVERNMENT RESTRICTIONS, OR FORCE MAJEURE (E.G., EARTHQUAKE, FLOOD, SEVERE OR EXTRAORDINARY WEATHER CONDITIONS, NATURAL DISASTERS OR OTHER ACT OF GOD, FIRE, ACTS OF WAR, TERRORIST ATTACKS, INSURRECTION, RIOT, STRIKES, LABOR DISPUTES OR SIMILAR PROBLEMS, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS, SYSTEM OR POWER FAILURES, OR EQUIPMENT OR SOFTWARE MALFUNCTION), (ii) DELAY IN ANY FDIC INSURANCE PAYMENT, (iii) THE FINANCIAL CONDITION OF ANY DESTINATION INSTITUTION OR THE ACCURACY OF ANY FINANCIAL INFORMATION ABOUT ANY DESTINATION INSTITUTION, OR (iv) ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS).
(d) ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL BE GOVERNED BY THE DISPUTE RESOLUTION, ARBITRATION, CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL, AND COSTS RELATED TO DISPUTES PROVISIONS, IF ANY, CONTAINED IN THE CUSTODIAL AGREEMENT.
Liability and Dispute Resolution. 4.1. The Contractor shall not be liable in the event of non-performance or improper performance of services on its part or on the part of third parties, arising due to the unreliability, failure or delay in confirming the information provided by the Customer and arising as a result of other Customer’s violations of the terms and conditions of the Offer.
4.2. The Contractor shall not be liable in the event of the Customer’s failure to attend the Event due to the circumstances beyond the control of the Contractor.
4.3. The Contractor shall not be liable for non-compliance of the Event to the Customer’s expectations and his subjective assessment.
4.4. The Parties shall make every effort to reach agreement on controversial issues through negotiations. If they can not reach agreement by negotiation, the disputes shall be referred to the Court of Arbitration.
4.5. All other matters not provided for in this Offer shall be governed by the legislation of the Russian Federation. All disputes arising out of the provisions of the Offer will be resolved in the courts of the Russian Federation in accordance with the current legislation of the Russian Federation.
Liability and Dispute Resolution. 6.1. The Contractor shall not be liable for its or third parties’ non-performance or improper performance of services due to falsity, insufficiency or delay in provision of information provided by the Customer, as well as due to other violations of this Terms and Conditions by the Customer.
6.2. The Contractor shall not be liable for not using of access to the Event and related materials by the Customer due to circumstances beyond the Contractor’s reasonable control.
6.3. The Contractor shall not be liable for the non-compliance of the Event and related materials with the Customer’s expectations and its subjective assessment.
6.4. In case of breach of these Terms and Conditions by the Customer, the Contractor has the right to revoke the access of such violator to the Event and related materials. The amount of payment made by the Customer, in the case specified in this paragraph, will not be returned to the Customer.
6.5. The Customer is responsible for the confidentiality of data for the use of their Ticket (for example, login and password), as well as for all actions committed with the use of their Ticket.
6.6. The Contractor shall not be liable for and shall not indemnify for damages incurred as a result of unauthorized use of the Customer's Ticket by third parties, that occurred through no fault of the Contractor.
6.7. The parties will make every effort to reach an agreement on controversial issues through negotiations. If it is impossible to reach an agreement at the negotiations, the disputes that have arisen shall be resolved in court at the location of the Contractor.
6.8. The governing law of these Terms and Conditions shall be the law of Ukraine.
Liability and Dispute Resolution. All parties agree to resolve complaints arising out of this agreement by mediation in Orange County, Florida. Any disputes not resolved first by mediation will be settled by neutral binding arbitration in Orange County, Florida. The parties knowingly and voluntarily waive their right to a jury trial in the resolution of any dispute between them. Owner shall indemnify PRS and hold PRS harmless from losses, damages, costs, and expenses of any nature, including attorney’s fees, and from liability to any person that PRS incurs because of Owner’s negligence, representations, misrepresentations, actions, or inactions.
Liability and Dispute Resolution. (a) We will maintain, directly or through a Sweep Provider, appropriate records of our placements for you. We will not place deposits for you through the Column Sweep Program at a Destination Institution that is the subject of a then effective exclusion on your Exclusions List, at a Destination Institution that is the subject of a then effective rejection by you, or at a Destination Institution under one Depositor Identifier in an amount that exceeds the SMDIA.
(b) If all or part of your funds in a Deposit Account at a Destination Institution are uninsured because of our failure to comply with the requirements set forth in Section 9.3(a), and if the Destination Institution fails and you do not otherwise recover the uninsured portion, we will reimburse you for your documented loss of the uninsured portion that you do not otherwise recover.
Liability and Dispute Resolution. 1. In the event local, state or federal governments or laws provide waiver, immunity, indemnification, reimbursement or other payment related to liability that would otherwise be the responsibility of a Party, then such waiver, immunity, indemnification, reimbursement or other payment shall limit a Party’s liability. The Parties agree to exhaust their rights to waiver, immunity, indemnification, reimbursement or other payment from local, state, or federal governments. However, to the extent that local, state or federal governments or laws do not provide complete waiver, immunity, indemnification, reimbursement or other payment related to Party liability, then the following provisions will apply:
A. Each party to this Agreement shall be legally responsible for its own acts and omissions arising under this Agreement, and that of its respective appointed and elected officials, employees, officers, agents, agencies, assigns and representatives. Each party agrees to defend, indemnify, and hold harmless the other party, and its respective appointed and elected officials, employees, officers, agents, agencies, assigns and representatives from and against any and all liability, loss, cost, damage and expense arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement by the indemnitor. Any indemnification by Umatilla County Health Department is to the extent allowed and limited by the Oregon Constitution and the Oregon Tort Claims Act.
Liability and Dispute Resolution. 4.1. For delay NIC charged penalty of 0.1% of the amount specified in Sec. 3.2 Treaty for each day of delay.
4.2. For payment delay customer shall pay the 0.1% of the amount specified in the claim.
Liability and Dispute Resolution. 4.1. The Counterparty shall be fully liable for any failure to keep the Information under this Agreement while disclosing the Information to the Counterparty’s employees and thirds parties having access to the Information in accordance with Section 3.
