Liability and Responsibility. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by 8 U.S.C. § 1357(g)(7) and (8), the LEA will be responsible and bear the costs of participating LEA personnel with regard to their property or personal expenses incurred by reason of death, injury, or incidents giving rise to liability. Participating LEA personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1), 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. See 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. In addition, it is the understanding of the parties to this MOA that participating LEA personnel performing a function on behalf of ICE as authorized by this MOA will be considered acting under color of Federal authority for purposes of determining liability and immunity from suit under Federal or State law. See 8 U.S.C. § 1357(g)(8). Participating LEA personnel named as personal-capacity defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. See 28 C.F.R. § 50.15. Absent exceptional circumstances, such requests must be made in writing. LEA personnel who wish to submit a request for representation shall notify the local ICE Office of the Principal Legal Advisor (OPLA) field location at 000 Xxxxxxxxxx Xxxxx Xxxx 0000, Xxxxxxx, XX, 00000. OPLA, through its headquarters, will assist LEA personnel with the request for representation, including the appropriate forms and instructions. Unless OPLA concludes that representation clearly is unwarranted, it will forward the request for representation, any supporting documentation, and an advisory statement opining whether: 1) the requesting individual was acting within the scope of his/her authority under 8 U.S.C. § 1357(g) and this MOA; and, 2) such representation would be in the interest of the United States, to the Director of the Constitutional and Specialized Tort Litigation Section, Civil Division, Department of Justice (DOJ). Representation is granted at the discretion of DOJ; it is not an entitlement. See 28 C.F.R. § 50.15. The LEA agrees to cooperate with any Federal investigation related to this MOA to the full extent of its available powers, including providing access to appropriate databases, personnel, individuals in custody and documents. Failure to do so may result in the termi...
Liability and Responsibility. 6.1 The Customer's liability for authorized use The Customer is responsible for all authorized use of the Agreement. The Agreement is solely for personal use by the Customer and members of the Customer's household. If the Agreement is used by a member of the Customer's household who has been entrusted with the Customer's vehicle in connection with the Agreement, this use shall be deemed authorized by the Customer.
6.2 The Customer's liability for unauthorised use The Customer is responsible for the unauthorised use of the Agreement by others if the Customer has acted fraudulently, intentionally acted in violation of the Agreement, or has intentionally failed to notify Fjordforbindelsen Frederikssund of the vehicle's loss, theft or other unjustified acquisition or use of the vehicle's license plate(s) as soon as possible after the Customer has become aware thereof. Fjordforbindelsen Frederikssund can require further information about the circumstances of the unauthorised use, e.g. copy of police reports etc.
6.3 Fjordforbindelsen Xxxxxxxxxxxxx's liability for damages Fjordforbindelsen Frederikssund's liability for damages to the Customer follows the general rules of Danish law. Fjordforbindelsen Frederikssund does not assume any liability extending beyond the general law of damages.
6.4 Delayed or impossible passage over Fjordforbindelsen Frederikssund A passage over the Fjordforbindelsen Frederikssund may be delayed or impossible due to, for example, high intensity of traffic, traffic accidents and extreme weather conditions or due to other damages and maintenance work on Fjordforbindelsen Frederikssund. Fjordforbindelsen Frederikssund is not responsible for direct or indirect losses, such as loss of production or loss of income, due to delayed or impossible passage.
Liability and Responsibility. The Liabilities in respect of Xxxxxxxx 66 Deferred Compensation Beneficiaries under the COP Deferred Compensation Plans shall be assumed by the member of the Xxxxxxxx 66 Group which sponsors the applicable Xxxxxxxx 66 Deferred Compensation Plan, effective as of the Effective Time; provided that such Liabilities in respect of each such Xxxxxxxx 66 Deferred Compensation Beneficiary who is a Delayed Transfer Employee shall be assumed by such member of the Xxxxxxxx 66 Group effective as of close of business on the applicable Transfer Date. Xxxxxxxx 66 shall have sole responsibility for the administration of the Xxxxxxxx 66 Deferred Compensation Plans and the payment of benefits thereunder to or on behalf of Xxxxxxxx 66 Group Employees, and no member of the COP Group shall have any liability or responsibility therefor. COP shall have sole responsibility for the administration of the COP Deferred Compensation Plans and the payment of benefits thereunder to or on behalf of COP Group Employees and Former COP Group Employees, and no member of the Xxxxxxxx 66 Group shall have any liability or responsibility therefor.
Liability and Responsibility. If any participating AGENCY personnel are the subject of a complaint of any sort that may result in that individual receiving employer discipline or becoming the subject of a criminal investigation or civil lawsuit, the AGENCY shall, to the extent allowed by State law, immediately notify the local point of contact for the ICE Office of Professional Responsibility (OPR) and the SAC/FOD of the existence and nature of the complaint. The resolution of the complaint shall also be promptly reported to ICE. Complaints regarding the exercise of immigration enforcement authority, as specified herein, by participating AGENCY personnel shall be handled as described below. Except as otherwise noted in this MOA or allowed by Federal law, and to the extent required by Participating AGENCY personnel will be treated as Federal employees only for purposes of the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, and worker’s compensation claims, 5 U.S.C. § 8101 et seq., when performing a function on behalf of ICE as authorized by this MOA. 8 U.S.C. § 1357(g)(7); 28 U.S.C. § 2671. It is the understanding of the parties to this MOA that participating AGENCY personnel will enjoy the same defenses and immunities for their in-scope acts that are available to ICE officers from personal liability arising from tort lawsuits based on actions conducted in compliance with this MOA. 8 U.S.C. § 1357(g)(8). Participating AGENCY personnel named as defendants in litigation arising from activities carried out under this MOA may request representation by the U.S. Department of Justice. Such requests must be made in writing directed to the Attorney General of the United States, and will be handled in coordination with the SAC and/or the FOD in JURISDICTION. Requests should be in the form of a written memorandum prepared by the defendant addressing each and every allegation in the complaint, explaining as well as admitting or denying each allegation against the defendant. Requests for representation must be presented to the ICE Office of the Chief Counsel at the ADDRESS. Any request for representation and related correspondence must be clearly marked “Subject to Attorney-Client Privilege.” The Office of the Chief Counsel will forward the individual’s request, together with a memorandum outlining the factual basis underlying the event(s) at issue in the lawsuit, to the ICE Headquarters Office of the Principal Legal Advisor, which will forward the request, the factual memorandum, and an advisory ...
Liability and Responsibility. Computer Sciences GS shall have sole responsibility for the administration of the Computer Sciences GS Nonqualified Plans and the payment of benefits thereunder to or on behalf of current and former employees, and no member of the CSC Group shall have any liability or responsibility therefor.
Liability and Responsibility. The Liabilities in respect of Ultra Deferred Compensation Beneficiaries under the Delta Deferred Compensation Plans and the assets, if any, segregated in a rabbi trust solely for the purposes of satisfying such liabilities shall be assumed by or transferred to the member of the Ultra Group which sponsors the applicable Ultra Deferred Compensation Plan, effective as of the earlier of the Effective Time or the date on which such plan is established. For the avoidance of doubt, if no assets are segregated in such a rabbi trust, Delta shall have no obligation to transfer any assets to any member of the Ultra Group pursuant to this Section 6.1(b). Ultra shall have sole responsibility for the administration of the Ultra Deferred Compensation Plans and the payment of benefits thereunder to or on behalf of Ultra Group Employees, and no member of the Delta Group shall have any liability or responsibility therefor. Delta shall have sole responsibility for the administration of the Delta Deferred Compensation Plan and the payment of benefits thereunder to or on behalf of Delta Group Employees and Former Delta Group Employees, and no member of the Ultra Group shall have any liability or responsibility therefor.
Liability and Responsibility. The Liabilities in respect of Allegion Deferred Compensation Beneficiaries under the IR Deferred Compensation Plans shall be assumed by the member of the Allegion Group which sponsors the applicable Allegion Deferred Compensation Plan, effective as of the Effective Time. Allegion shall have sole responsibility for the administration of the Allegion Deferred Compensation Plans and the payment of benefits thereunder to or on behalf of Allegion Group Employees and Former Allegion Group Employees, and no member of the IR Group shall have any liability or responsibility therefor. IR shall have sole responsibility for the administration of the IR Deferred Compensation Plans and the payment of benefits thereunder to or on behalf of IR Group Employees and Former IR Group Employees, and no member of the Allegion Group shall have any liability or responsibility therefor.
Liability and Responsibility. The Operator acknowledges and agrees that:
(a) The Indemnified Persons are not responsible for and have no obligations in connection with the actions or omissions of the Operator or any Related Entity of the Operator;
(b) The Indemnified Persons are not liable for any Loss caused or incurred by the Operator or any Related Entity of the Operator; and
(c) The Operator will provide and perform the services required under this Contract at its own cost and risk, without recourse to TfNSW or government funds or guarantees, except as expressly provided otherwise in this Contract.
Liability and Responsibility. 8.1 You are liable or responsible for:
a) Transactions carried out with your Card, your Password, your Access Card Number or a Personal Identification Question before you have informed us of their loss, theft or unauthorized use;
b) Transactions carried out with a Point-of-Service Device, a Point-of- Service Device without PIN, and an Electronic Access Device before you have informed us of the loss, theft or unauthorized use of your Card, your Password, your Access Card Number, a Personal Identification Question or your Electronic Access Device;
c) Errors you make when using a Point-of-Service Device, a Point-of- Service Device without PIN, or an Electronic Access Device;
d) Fraudulent or valueless deposits made with your Card and your Password at a Point-of-Service Device;
e) Losses affecting your Account or access gained to the information it contains or a loss of your data if you use our Services in an inappropriate manner or contrary to our instructions, in particular, those concerning the protection of your Card, your Password, your Access Card Number, your Personal Identification Questions or your Electronic Access Device;
f) Losses affecting your Account if an unauthorized person succeeds in penetrating the security systems protecting the Electronic Access Device that you control, if these systems are inadequate or if you access our Services using an Electronic Access Device containing an application that could potentially disclose your Passwords, your Personal Identification Questions or compromise these;
g) Losses affecting your Account resulting from a communication problem or your enrolment in other Internet services or any network that places an Electronic Access Device in contact with other devices. Consequently, you accept the risks inherent in the communication and transmission of information via these networks;
h) Checking entries to your Account on a monthly basis and notifying us within the prescribed deadline of any error or irregularity relating to these entries;
i) Fulfilling your obligations under this agreement and any other agreement specific to one of our Services or failing to comply with the instructions that we give you from time to time about our Services;
j) Participating in fraudulent, criminal or dishonest activities with regard to Services;
k) Accessing our Services with an Electronic Access Device which you should reasonably know contains an application that may reveal to anyone your Password, your Access Card Number and y...
Liability and Responsibility. The Liabilities in respect of Computer Sciences GS Deferred Compensation Beneficiaries under the CSC Deferred Compensation Plan shall be assumed by the member of the Computer Sciences GS Group which sponsors the applicable Computer Sciences GS Deferred Compensation Plan, effective as of the earlier of the Effective Time or the date on which such plan is established. Computer Sciences GS shall have sole responsibility for the administration of the Computer Sciences GS Deferred Compensation Plan and the payment of benefits thereunder to or on behalf of Computer Sciences GS Group Employees and the Computer Sciences GS Directors, and no member of the CSC Group shall have any liability or responsibility therefor. CSC shall have sole responsibility for the administration of the CSC Deferred Compensation Plan and the payment of benefits thereunder to or on behalf of CSC Group Employees and Former CSC Group Employees and the CSC Directors (other than the Computer Sciences GS Directors), and no member of the Computer Sciences GS Group shall have any liability or responsibility therefor.
