Liability for Off-specification Gas Sample Clauses

Liability for Off-specification Gas. (a) Subject to clauses 6.5(b), <User> hereby: (i) releases <Service Provider> from any Claim <User> has or may have against <Service Provider> in respect of any Off-specification Gas delivered by any person into the AGA GDS; (ii) indemnifies <Service Provider> against all Direct Damage and Indirect Damage suffered or incurred by <Service Provider> in relation to or connection with any delivery or attempted delivery of Off-Specification Gas into the AGA GDS by <User> or a Related Shipper of <User>; and (iii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any Claim brought by any person against <Service Provider> in respect of any delivery or attempted delivery of Off- Specification Gas into the AGA GDS by <User> or a Related Shipper of (b) Clause 6.5(a) does not apply in respect of any Off-specification Gas delivered or sought to be delivered into the AGA GDS as a result of <Service Provider>’s negligence. (c) Clause 17.3 does not apply to the indemnities provided under clause 6.5(a).
Sample 1
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Liability for Off-specification Gas. (a) Subject to clauses 6.4(b), <Counterparty> hereby: (i) releases <Service Provider> from any claim <Counterparty> has or may have against <Service Provider> as a result of any gas delivered by any person into the ATCO GDS being Off-specification Gas; (ii) indemnifies <Service Provider> against all loss, damage, cost or expense suffered or incurred by <Service Provider> as a result of any gas delivered, or attempted to be delivered, by <Counterparty> or a Related Shipper of (iii) indemnifies <Service Provider> against any loss, damage, cost or expense suffered or incurred by <Service Provider> in relation to or connection with any claim brought by any person against <Service Provider> as a result of any gas delivered, or attempted to be delivered, by <Counterparty> or a Related Shipper of <Counterparty> into the ATCO GDS being Off-specification Gas. (b) Clause 6.4(a) does not apply to the extent that Off-specification Gas was delivered or sought to be delivered into the ATCO GDS as a result of <Service Provider>'s negligence or default. (c) Any amount <Counterparty> is obliged to indemnify <Service Provider> under clause 6.4(a)(ii) or 6.4(a)(iii) will be reduced in proportion to the extent that <Service Provider>'s negligence or default caused or contributed to the loss, damage, cost or expense to be indemnified by <Counterparty>. (d) The losses, damages, costs and expenses <Service Provider> may suffer or incur as a result of any Gas delivered, or attempted to be delivered, by <Counterparty> or a Related Shipper of <Counterparty> into the ATCO GDS being Off-Specification Gas include, without limitation, costs arising due to the need to flare or vent Gas including: (i) the costs of replacing any flared or vented Gas; (ii) the costs of acquiring (or using up existing) carbon credits to offset emissions due to such flaring or venting; (iii) any penalties or fines payable by <Service Provider> as a result of such venting or flaring.
Sample 1
Liability for Off-specification Gas. (a) Except as provided in clause 8.6(d) and clause 8.7(b), the Delivering Party is not liable for any loss, damage, claim, cost or expense arising out of the delivery to the Receiving Party of Off-Specification Gas at the Delivery Point or Receipt Point (as applicable). (b) Subject to clause 8.7(c), the Delivering Party must indemnify the Receiving Party against any and all loss, damage, claim, cost or expense arising out of the delivery to the Receiving Party of Off-Specification Gas at the Delivery Point or Receipt Point (as applicable). (c) The liability of the Delivering Party to the Receiving Party under the indemnity in clause 8.7(b) is limited to the amount that the Delivering Party receives as payment by way of damages or indemnity from a gas shipper, gas supplier or Gas Transporter relating to that quantity of Off-Specification Gas, unless and to the extent that the Off-Specification Gas was delivered as a result of the Delivering Party’s wilful default.
Sample 1
Liability for Off-specification Gas. Article III of the Gas Supply Agreement sets forth the respective rights and obligations of Buyer and Seller with respect to the delivery of “Methane Gas”, “Residual Gas” and “NGL Mix” (each as defined therein). Notwithstanding any indemnity or other provision in this Agreement to the contrary, nothing contained in this Agreement is intended to or shall affect either Buyer’s or Seller’s respective rights and obligations under Article III of the Gas Supply Agreement, including but not limited to Buyer’s and/or Seller’s right to collect damages and all other Losses for the supply of Methane Gas, Residual Gas or NGL Mix as set forth in Section 3.5 or elsewhere in the Gas Supply Agreement. [Note: We would suggest deleting Section 2.6, and related provisions in 2.5, from the Gas Supply Agreement, as such provisions conflict with the indemnity approach taken in this agreement.]
Sample 1

Related to Liability for Off-specification Gas

  • Liability for defects 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if XXXX, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at XXXX'x discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if XXXX was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by XXXX if there is actually a defect. Otherwise, XXXX may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. XXXX can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances. 5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.

  • Liability for Specific Obligations The Administrator will be liable only for its specific obligations under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Administrator. The Administrator will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement.

  • LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION You agree to notify Credit Union immediately, orally or in writing at Florida Credit Union, X.X. Xxx 0000, Xxxxxxxxxxx, XX 00000 or telephone (000) 000-0000 twenty four

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Liability for Past Records Neither the Custodian nor any Domestic Subcustodian shall have any liability in respect of any loss, damage or expense suffered by a Fund, insofar as such loss, damage or expense arises from the performance of the Custodian or any Domestic Subcustodian in reliance upon records that were maintained for such Fund by entities other than the Custodian or any Domestic Subcustodian prior to the Custodian's employment hereunder.

  • WARRANTY – SERVICES The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source.

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