Liability for Use. User’s Employer shall be fully responsible and liable for any and all demands, claims, suits, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, but not limited to, property damage or loss, bodily injury or death), to the extent directly or indirectly arising out of or in connection with User’s use of the Equipment or the Facilities or User’s performance of the Research or other obligations under this Agreement.
Liability for Use. You are responsible for any EFT transaction you make with your log on credentials. You are also responsible for any EFT transaction made by someone else to whom you have given your log on credentials until you notify us that the person no longer has your permission to use them. Tell us AT ONCE if you believe your log on credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check or other information about your account. Calling is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). Also, if your monthly statement shows EFT transactions made with your log on credentials that you did not make (or give someone permission to make for you), tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days, if we can prove we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Liability for Use. The Recipient assumes all liability for damage or loss which may arise from the Recipient’s use, storage or disposal of the Material and Data. The Recipient indemnifies the University and the ABCTB for any liability, loss, costs, damages and expenses (including legal costs and expenses) incurred or suffered by the University and the ABCTB collaborating institutions from any claim or demand by any other person due to or arising from the use, storage or disposal of the Material or Data by the Recipient, except to the extent caused by the gross negligence or wilful misconduct of the University or the ABCTB collaborating institutions.
Liability for Use. 5.1 Buyer's Responsibility for Fraudulent Calls. Buyer shall immediately notify Seller if it is aware of or suspects any fraudulent calling or calling patterns, pretexting, or other unlawful, improper or fraudulent activities. Buyer shall work with Seller to cause any fraudulent calling, or other activities describe herein, to be blocked. Buyer shall cooperate with Seller in its efforts to prevent fraudulent or illegal use of the Services. Buyer shall be responsible for all costs, expenses, claims or actions arising from all calls relating to Buyer's or its end users use of the Services including those calls the purpose or effect of which is theft or unauthorized usage of communications services or misleading or fraudulent communications of any nature (including, without limitation, communications intended to effect theft through unauthorized use of calling cards) and all unauthorized or fraudulent communications on pay-per• call numbers, information service calls, directory assistance calls or the life for which Seller is billed and that are passed through to the Buyer . Seller may take protective action against Buyer or a third party in order to protect Buyer and/or Seller or its network from and against any harm that may arise out of the illegal, fraudulent or otherwise suspicious conduct (including blocking access to particular calling numbers or geographic areas). Such protective action may include, without limitation, the temporary blocking of Buyer's traffic until the applicable risk of harm is mitigated to Seller's reasonable satisfaction. Buyer releases and holds harmless Seller from and against any claims, costs or loss arising out of Seller's good faith exercise of its reasonable business judgment to take a protective action.
5.2 Buyer party shall comply with all applicable laws, regulations, court decisions or administrative rulings regarding the provision or use of the Services. Without limiting the foregoing, Buyer will ensure that all who use the Services provided to Buyer for the purpose of making telephone solicitations must comply with the national do-not-call requirements, including the rules as set forth in 47 C.P.R. Section 64.1200 and 16 C.P.R. Part 310. Failure to do so shall constitute a material breach of the Agreement and Seller shall be entitled to immediately suspend Service in such event.
Liability for Use. (a) You alone are responsible for managing the risks associated with your transactions with us. By using our services, you agree that you are fully, solely and personally liable for:
(i) each Transaction made using our services through the Trading Account; and
(ii) all relevant fees, costs and charges incurred.
(b) To the maximum extent permitted by law, we are not liable to you for any loss, expense, or liability that you suffer or incur because of any failure of the Trading Platform, data or service interruptions, transmission failure or delays or similar technical errors arising out of or in connection with the use, operation, performance and/or error or malfunction of the Trading Platform, other than as a result of our fraud, wilful default or negligence;
(c) To the maximum extent permitted by law, we are not liable to you for any loss of profits or other losses you might suffer due to errors in quotes which are the result of our typing errors, feed errors or any incorrect perception of information that you enter into the system other than as a result of our fraud, wilful default or negligence. You agree to inform us of any such errors that you experience, as soon as possible;
(d) You are responsible for all Orders and for the accuracy of all information sent via the Platform using your name, password or any other means of personal identification implemented to identify you;
(e) You must keep all passwords secret and ensure that no one else has access to your Trading Account. You must notify us immediately if the security of your password is comprised.
(f) Unless our Trading Platform or system was compromised, we are entitled to accept and you are liable to us for, Transactions and other instructions executed via your password even if you have not allowed your password to be used or your Trading Account is wrongfully accessed; and
(g) Any Confirmation that we send or make available to you on the Trading Platform is our confirmation of a Transaction, regardless of whether the Trading Platform confirms that the Transaction is executed immediately when you send your instructions.
(h) Except for Australian clients, we may use money from your Trading Account for authorised hedging activities as permitted under the FMC Regulations.
Liability for Use. Any liability based upon or arising out of use of the RMS and/or CS, input of information into the CS, or release of information from the RMS/CS shall be borne by the party whose use of the system, input of information or release of information caused the liability. Each party hereto shall indemnify and hold harmless the other party and such other parties’ local governing body, their officers and employees, from and against any and all claims, demands, action, suits, expenses, costs (including attorney fees and costs of suit), damages or liability (including liability for false arrest or false imprisonment) based upon, or arising out of its use of the system, its input of information into the system, or its release of information from the system.
Liability for Use. Grantor shall not be responsible or liable for the Grantee's use, or of the Grantee's officer's, servants, employees, licenses, invitees, agents, guests, representatives or any other person's use of the easement. The Grantee shall hold Grantor harmless and indemnify Grantor, to the extent permitted by law, from any and all suits, actions, claims, and damages sustained by the Grantor and arising out of, or in connection with, the Grantee's use, or the Grantee's officer's, servants, employees, licenses, invitees, agents, guests, representatives or any other person's use of the easement.
Liability for Use. You agree that you will keep your Account No. confidential and will contact us immediately should you believe purchases are being made by an unauthorized user. You will continue to keep Leslie's Poolmart, Inc. informed of changes to authorized users. If you do not notify us within 30 days of an receipt of statement on which the information is contained, the statement will be presumed to be correct and all purchases contained on the statement will be presumed to be authorized.
Liability for Use. You are liable to us for all charges in relation to the Adaptive Connectivity as a Service including but not limited to Services, Equipment, Software, and/or Maintenance Services whether or not you authorised the use of that Service or any and all components of Adaptive Connectivity as a Service by you, another person or organisation.
Liability for Use. [Permittee shall obtain General Liability Insurance, Fire and Casualty Insurance coverage with the minimum coverage acceptable to the Division of Economic Development until the Permit expires, upon approval of the Permit. All insurers must be from a Nationally Accredited Insurance Company with a financial strength rating of "Au or equivalent, and authorized to do business in the state where the premises are located. All policies required under this Permit shall name the Navajo Nation and United States as an additional named insured and certificates shall be sent to the Division of Economic Development.] OR [Permittee shall agree to fully indemnify the Navajo Nation and the United States and agree-to-the terms and conditions of the Indemnification Form, attached hereto as Exhibit "B."] It is further understood and agreed that the Permitter shall hold the Permitter harmless from any and all claims or liabilities arising out of the use, occupancy, or possession of said property and premises by the Permittee, or injury sustained by the Permittee, or any other person or damage to property, on or about said premises during the term of this Permit.
