Liability for Claims. The Ceding Company is responsible for the settlement of claims on policies reinsured under this Agreement. It is the Ceding Company's sole decision to determine whether a claim is payable under a policy. The Ceding Company shall operate in good faith and adjudicate claims on policies reinsured under this Agreement as if there were no reinsurance. All claim settlements on policies reinsured hereunder will be subject to the terms and conditions of the particular policy, the applicable statutory requirements, and the standard settlement practices of the Ceding Company. The Ceding Company's decision to pay a claim, provided the Ceding Company has complied with the terms of this Agreement, shall be binding on the Reinsurer, and the Reinsurer shall be liable for its portion of the reinsurance on that risk, as described in Schedule B.
Liability for Claims. The City shall, to the extent of its negligence and/or the negligence of its agents or employees, defend and indemnify the Consultant against any and all liability for personal injury (including death resulting therefrom) or property damage of any kind, sustained by any person and caused by or resulting from the concurrent negligence of the City, its agents, or employees, and the Consultant, its agents, or employees. Likewise, the Consultant, shall, to the extent of its negligence and/or the negligence of its agents or employees, defend and indemnify the City against any and all liability for personal injury (including death resulting therefrom) or property damage of any kind, sustained by any person and caused by or resulting from the concurrent negligence of the Consultant, its agents, or employees, and the City, its agents, or employees. For purposes of this provision, the City and Consultant agree to waive the statutory immunity under Title 51 of the Revised Code of Washington, and the parties, by this Agreement, certify and warrant that its waiver of statutory immunity was mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.
Liability for Claims. 15.1 Save where provided for elsewhere in these TERMS AND CONDITIONS, VERIPOS shall have no liability to the CLIENT GROUP and the CLIENT shall save, defend, indemnify and hold harmless VERIPOS against any and all COSTS howsoever arising by reason of:
15.1.1 any delay in mobilising any EQUIPMENT or performing any of the SERVICES; or
15.1.2 any defect in any EQUIPMENT; or
15.1.3 any defective performance, or non-performance, of any SERVICES including unavailability or inaccuracy of SIGNAL in accordance with CLAUSE 11; or
15.1.4 CLIENT using any of the SERVICES in conjunction with any free to air signals such as IALA marine radio beacons, irrespective of the negligence, breach of duty whether, statutory or otherwise, of VERIPOS.
15.2 Notwithstanding any provision in these TERMS AND CONDITIONS, VERIPOS’ total cumulative liability to the CLIENT GROUP arising out of or related to the performance or non-performance of the SERVICES under any cause of action whether in tort, contract or otherwise at law, shall be limited to one hundred percent (100%) of the particular ORDER in which the liability has been incurred and CLIENT shall indemnify VERIPOS for any amount in excess therefrom.
Liability for Claims. Except as otherwise provided herein, as of the Cut-off Date, Manor Care or a Retained Subsidiary shall assume or retain and shall be responsible for, or cause its insurance carriers or HMOs to be responsible for, all liabilities and obligations related to claims incurred through December 31, 1996 in respect of any Employee (whether such claims are asserted before or after December 31, 1996) under any Manor Care Welfare Plan and shall be responsible for claims incurred after December 31, 1996 in respect of any Retained Individual or Terminee under any Manor Care Welfare Plan, and Choice and the Choice Subsidiaries shall have no liability or obligation with respect thereto, except to make contributions to Manor Care in respect of such coverage of Choice Individuals as provided below. Notwithstanding the foregoing, with respect to the pre-tax medical and dependent care programs, Manor Care will retain any funds remaining on January 1, 1997 to pay for any claims incurred under such programs on or prior to December 31, 1996. After all such claims have been paid, Manor Care shall be entitled to retain any remaining funds attributable to the pre-tax medical and dependent care programs.
Liability for Claims. As of January 1, 1997, Choice or a Choice Subsidiary shall assume or retain and shall be responsible for, or cause its insurance carriers or HMOs to be responsible for, all liabilities and obligations in connection with claims incurred or premiums due on and after January 1, 1997 in respect of any Choice Individual, and Manor Care and the Retained Subsidiaries shall have no liability or obligation with respect thereto.
Liability for Claims. Employer is solely responsible for the payment of Claims pursuant to, and the benefits provided by, the Plan. Administrative Agent does not insure or underwrite the liability of Employer under the Plan. Except for expenses specifically assumed by Administrative Agent in this Agreement, Employer is responsible for all costs and expenses incident to the Plan.
Liability for Claims. With respect to unpaid covered claims incurred by any Ultra Welfare Plan Participant under any Delta Welfare Plans for periods of time before the date on which such Ultra Welfare Plans are established, including claims that are self-insured and claims that are fully insured through third-party insurance, Delta shall retain and be responsible for the payment for such claims or shall cause such Delta Welfare Plans to fully perform, pay and discharge all such claims, as the case may be. No Ultra Entity shall be responsible for any Liability with respect to any such claims. Notwithstanding the foregoing, neither Ultra Welfare Benefit Plans nor Ultra shall be responsible for a claim incurred prior to the date on which the respective Delta Group Employee is transferred to Ultra from Delta.
Liability for Claims. With respect to unpaid covered claims that are either incurred but not processed or that are incurred but unreported prior to the Effective Time by any Allegion Welfare Plan Participant under any IR Welfare Plans, including claims that are self-insured and claims that are fully insured through third-party insurance, Allegion shall assume and be responsible for the payment for such claims or shall cause such Allegion Welfare Plan to fully perform, pay and discharge all such claims, as the case may be. No IR Entity shall be responsible for any Liability with respect to any such claims.
Liability for Claims. SISC FLEX is responsible for payment of claims made pursuant to, and the benefits to be provided by, the Plan. Except for expenses specifically assumed by SISC FLEX in this Agreement, Qualified Employer is responsible for all expenses incident to the Plan.
Liability for Claims. 25 (c) Continuation Coverage Administration..................... 25 (d) Continuation Coverage Claims............................. 25 (e) Establishment of Choice Hotels International, Inc. Short-Term Disability Plan............................... 26 Section 2.08 Vacation Pay and Sick Leave Liabilities............ 26 (a) Division of Liabilities.................................. 26 (b) Post-Distribution Transfers.............................. 26 Section 2.09 Employee Discounts................................. 27 Section 2.10 Preservation of Right To Amend or Terminate Plans.............................................. 27 Section 2.11 Reimbursement...................................... 27 Section 2.12 Payroll Reporting and Withholding.................. 28 (a) Form W-2 Reporting....................................... 28 (b) Forms W-4 and W-5........................................ 28 (c) Garnishments, Tax Levies, Child Support Orders, and Wage Assignments..................................... 28 (d) Authorizations for Payroll Deductions.................... 28
