Liability and Remedies. Compliance with the insurance requirements of this Charter shall not limit the liability of the School, its subcontractors, its sub-subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees, or agents by the insurance shall be in addition to and not in lieu of any other remedy available under the Charter or otherwise.
Liability and Remedies. Compliance with the insurance requirements of this Contract shall not limit the liability of the School, its subcontractors, its sub- subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees, or agents by the insurance shall be in addition to and not in lieu of any other remedy available under the Contract or otherwise.
Liability and Remedies. 17.1 If the Contractor fails to deliver the Goods and/or perform the Services by the applicable date, Crown Agents shall, without limiting its other rights or remedies have one or more of the following rights:
Liability and Remedies. (a) At, and downstream of, the Delivery Point the Buyer shall be deemed to be in exclusive possession and control of the Gas and fully liable and responsible for its arrangements, appurtenance and properties including all gas pipelines used by Buyer downstream of the Delivery Point and the Buyer’s Facilities. Accordingly, the Buyer covenants and agrees to fully protect, indemnify and hold the Sellers, its Affiliates and its and their officers, employees and agents harmless against any and all claims, liabilities, costs, expenses, damages, or losses which may be made, asserted or brought against the Sellers whether by the Buyer, its employees or agents or by third parties, on account of damage or injury to property or person or loss of life resulting from, arising out of or in connection with the installation, presence, maintenance or operation of the intake arrangements, appurtenance and properties of the Buyer or relating to the possession and handling of any Gas supplied under this Agreement and further defend the Sellers at the Buyer’s sole expense in any litigation involving the Sellers, its Affiliates and its and their officers, employees and agents in connection with matters referred to in this Clause 21(a).
Liability and Remedies. (a) Boston Advisors shall not be liable for any loss suffered by the Trust in connection with the performance of Boston Advisors' obligations and duties under this Agreement, except to the extent that such loss results from negligence or willful misconduct in the performance of, or omission to perform, such obligations and duties. Boston Advisors shall not be deemed to have been negligent or to have engaged in willful misconduct with respect to any incorrect calculations of net asset value per share ("pricing errors") to the extent that a pricing error is based upon prices furnished by an independent pricing service prudently selected by Boston Advisors, provided that in the event that Boston Advisors receives a price from a pricing service for any security owned by the Trust which results in a pricing variance in excess of 10% of the prior business day's price for such security, Boston Advisors shall notify, via fax, the investment manager of the Trust of such pricing variance by 5:45 P.M. on the date that the pricing variance occurs.
Liability and Remedies. SECTION 8.1 Liability 35 SECTION 8.2 Limitation of Liability 35 SECTION 8.3 Equitable Remedies Permitted 35 ARTICLE IX CONFIDENTIALITY SECTION 9.1 Nondisclosure 36 SECTION 9.2 Survival 36 SECTION 9.3 Information Security 36 SECTION 9.4 Data Privacy 37 ARTICLE X MISCELLANEOUS SECTION 10.1 Successors and Assigns 38 SECTION 10.2 No Third Party Beneficiaries 38 SECTION 10.3 Waiver 38 SECTION 10.4 Unenforceability 38 SECTION 10.5 Headings 38 CONFIDENTIAL TREATMENT [***] Indicates that text has been omitted which is the subject of a confidential treatment request. This text has been separately filed with the Securities and Exchange Commission
Liability and Remedies. Compliance with the insurance requirements of this Charter shall not limit the liability of the School, its subcontractors, its sub subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees or agents by the insurance shall be in addition to and not in lieu of any other remedy available under the Charter or otherwise. 4) Subcontractors The school shall require its subcontractors and its sub-subcontractors to maintain any and all insurance required by law. 5) Provisions to Cure The School shall have ninety (90) days from the date of noncompliance to address and cure the failure to maintain appropriate insurance coverages as outlined in Section 7 of this Charter. If after ninety (90) days the School fails to provide evidence of required insurance coverages, as provided above, then this Charter may be terminated at the discretion of the Sponsor pursuant to Section 1(D) of this Charter. If during the termination process, the School obtains the required insurance coverages, then the termination process will cease. The Sponsor may initiate termination proceedings after thirty (30) days, with a provision to cease termination proceedings if evidence of full, complete documented coverage is provided within the remaining sixty (60) days.
Liability and Remedies. 10.1. If a party does not comply with one or more obligations in the Service Agreement, the other party can (without prejudice to any other right or remedy) exercise any one or more of the following rights or remedies:
Liability and Remedies. 11.1 Each party shall inform the other of any Test Prod EOC Default and afford the other a reasonable opportunity to correct the Test Prod EOC Default.
Liability and Remedies. 11.1 The Seller hereby undertakes to indemnify the Buyer against personal injury to or the death of any person insofar as such injury or death arises in the course of or by reason of the Seller, carrying out, or failing to comply with, its obligations under the Agreement provided always and only to the extent that the same is due to negligence or breach of these Terms on the part of the Seller or negligence of the Seller’s employees, agents, suppliers, contractors and/or sub-contractors.
