Liability of the. Custodian with Respect to Use of Securities Systems and Foreign Depositories - With respect to the portfolio securities, cash and other property of the Fund held by a Securities System or by a Foreign Depository utilized by the Custodian or any Subcustodian, the Custodian shall be liable to the Fund only for any loss or damage to the Fund resulting from use of the Securities System or Foreign Depository if caused by any negligence, misfeasance or misconduct of the Custodian or any of its Agents (as said term is defined in Section 6.6) or of any of its or its Agents' employees or from any failure of the Custodian or any such Agent to enforce effectively such rights as it may have against the Securities System or Foreign Depository. At the election of the Fund, it shall be entitled to be subrogated to the rights of the Custodian with respect to any claim against the Securities System, Foreign Depository or any other person which the Custodian may have as a consequence of any such loss or damage to the Fund if and to the extent that the Fund has not been made whole for any such loss or damage.
Liability of the. Servicer Section 6.02 Merger or Consolidation of, or Assumption of the Obligations of, the Servicer Section 6.03 Limitation on Liability of the Servicer and Others Section 6.04 Servicer Not to Resign Section 6.05 Delegation of Duties Section 6.06 Servicer to Pay Indenture Trustee's and Owner Trustee's Fees and Expenses; Indemnification
Liability of the. [Commission][Agency][additional OPTION for experts managed by XXX for non-REA calls: or [the Commission][INEA][EASME] The [Commission][Agency] [additional OPTION for experts managed by REA for non-REA calls: or the [Commission][INEA][EASME]] cannot be held liable for any damage caused to the expert as a consequence of performing the Contract, except in the event of wilful misconduct or gross negligence.
Liability of the. Subcustodian with Respect to Use of Securities Systems and Foreign Depositories, is amended by the insertion of the following at the end of said Section: "Notwithstanding anything in this Agreement to the contrary, neither the Subcustodian nor the Sub-Subcustodian shall be responsible or liable to the Custodian a Fund or its shareholders for the acts or omissions of a Foreign Depository in Russia, and in addition, neither the Subcustodian nor a Sub-Subcustodian shall be responsible or liable to the Custodian, a Fund or its shareholders for the failure of the Subcustodian or Sub-Subcustodian to assert rights effectively against any such Foreign Depository unless due to the negligence, fraud, or willful default of the Subcustodian or Sub-Subcustodian."
10. The first paragraph of Section 6.4, Standard of Care; Liability; Inderrmification, is replaced in its entirety with the following: "The Subcustodian shall be held only to the exercise of reasonable care in carrying out the provisions of this Agreement, provided that the Subcustodian shall not thereby be required to take any action which is in contravention of any applicable law, rule or regulation or any order or judgment of any court of competent jurisdiction. With respect to securities issued by Russian issuers or settlement in Russia of securities transactions, reasonable care shall mean reasonable practices under the circumstances as measured by prevailing custodial practices wnong international financial institutions in Russia, and negligence as used herein shall mean the failure to exercise reasonable care as defined in this sentence. The Subcustodian shall in no event be liable for consequential or indirect losses or from loss of goodwill. "Notwithstanding the foregoing, the Subcustodian shall have no liability in respect of any loss, damage or expense suffered by the Custodian a Fund or any shareholder of a Fund insofar as such loss, damage or expense arises from investment risk inherent in investing in capital markets or in holding assets in a particular country or jurisdiction, including without limitation, (i) political, legal, economic, settlement and custody infrastructure, and currency and exchange rate risks; (ii) investment and repatriation restrictions; (iii) a Fund's inability to protect and enforce any local legal rights including rights of title and beneficial ownership; (iv) corruption and crime in the local market; (v) unreliable information which emanates from the local market; (vi) ...
Liability of the. CARRIER
9.1. The Carrier is liable only within the conditions specified in this section of these Terms and Conditions, and the Carrier is expressly released from liability in the following cases:
9.1.1. Damages caused by third parties.
9.1.2. Damage caused as a result of and/or non-fulfilment of obligations due to force majeure or bad weather conditions, as a result of which the safe performance of the Flight is impossible, as well as for reasons, direct or indirect, related to legal or regulatory obligations, decrees, regulations or rules, or damages/non-fulfilment for reasons beyond the control of the Carrier.
9.1.3. Claims as a result of delay of a Passenger or baggage or landing on reserve airport, in the cases when such claims are not caused culpably by the Carrier.
9.1.4. Claims for incurred costs of any nature, related to the Client, its employees, representatives or contractors, arising from the fulfilment/non-fulfilment of these Terms and Conditions by the Carrier, when they are not caused culpably.
9.1.5. Indirect of consequential claims of any nature due to delays due to technical reasons beyond the Carrier's control and reasons endangering flight safety.
9.2. The Carrier is only liable for damages caused during the flight service performed by it. The liability of the Carrier shall in no case exceed the value of the proven damage.
9.3. The Carrier is liable for damages for which evidence of occurrence, causal relationship and amount may be provided.
9.4. The Carrier shall not be liable when it proves that all necessary measures have been taken to prevent damage or that it has been unable to take such measures.
9.5. Carrier’s discharge from liability also applies to its agents, employees, representatives, as well as the owner of the aircraft, including its agents, employees and representatives. The total amount of the indemnity that should be paid by the Carrier may not exceed Xxxxxxx’s liability.
9.6. The Carrier shall be liable for the damages caused in case of death or bodily injury suffered by a Passenger, provided that the accident causing the damages occurred onboard the aircraft or at the time of boarding or disembarking the aircraft and the actions related to it. This liability is exercised in accordance with the laws of the Republic of Bulgaria and in accordance with international agreements and treaties to which the Republic of Bulgaria is a party.
9.7. Liability in connection with damage to Passenger baggage
9.7.1. Carrier’s liability ...
Liability of the parties and its limitations
6.1. The Rightholder is under no circumstances liable for the performance or nonperformance by the User and/or the organizer of the event of the obligation to refund money, if the User refused to participate in the event or the cancellation or postponement of the event. All claims related to these actions and events, the User should send directly to the organizer of the event or the User
6.2. The information posted in the mobile application is provided by the event organizer or his representative. The Rightholder is not obliged to control the posted information and subject it to mandatory verification and approval. The Rightholder does not support or endorse any
6.3. The Rightholder is not responsible before the User, event organizer and other persons using the mobile application for the content, any erroneous and/or unreliable data about the Users, event organizers, events and services, as well as for the damage and/or losses caused to the User due to the presence of errors in information.
6.4. Any materials obtained using the mobile application, the User may use, realizing the responsibility for such use, including database rights, intellectual property, images of citizens, personal data. The User is solely responsible for any damage that may result from the use of
6.5. Under no circumstances shall the Licensor be liable to the User, event organizer and/or other third parties for any damage caused by the use of the mobile application, content, website or other materials accessed through the mobile application.
6.6. The Licensor is not responsible for incorrect behavior of persons using the mobile application, but is obliged to promptly respond to such violations if they are detected.
6.7. The Rightholder does not guarantee that:
1) the mobile application will meet the User's requirements;
2) the results that can be obtained using the mobile application will be accurate and reliable;
3) the quality of any product, work, service, information obtained using the mobile application will meet the User's expectations;
4) the mobile application will run continuously, quickly, reliably and error-free and will meet the User's expectations;
5) all bugs in the mobile app will be fixed immediately or as soon as possible.
6.8. The Mobile Application or its elements may periodically be partially or completely
6.9. The Rightholder is not responsible for non-compliance with the terms and conditions and procedure for holding events or providing...
Liability of the. FHCF (1) The SBA shall reimburse the Company, with respect to each Covered Event commencing during the Contract Year for the “Reimbursement Percentage” elected, this percentage times the amount of Ultimate Net Loss paid by the Company in excess of the Company’s Retention, as adjusted pursuant to Article V(28), plus 5% of the reimbursed Losses for Loss Adjustment Expense Reimbursement, (2) The Reimbursement Percentage will be 45% or 75% or 90%, at the Company’s option as elected under Article XIX. FHCF-2017K 2 Rule 19-8.010 F.A.C.
Liability of the. Digital Amplification & Social Media Management Agency: Subject to additional provisions, if any, in this work order the Digital Amplification & Social Media Management Agency‘s liability under this Work order shall be as provided by the Applicable Law.
Liability of the. Tenderer The following limitation of the Tenderer’s Liability towards the Client can be subject to the Contract’s negotiations: “Limitation of the Tenderer’s Liability towards the Client: (a) Except in the case of gross negligence or willful misconduct on the part of the Tenderer or on the part of any person or a firm acting on behalf of the Tenderer in carrying out the Services, the Tenderer, with respect to damage caused by theTenderer to the Client’s property, shall not be liable to the Client: (i) for any indirect or consequential loss or damage; and (ii) for any direct loss or damage that exceeds [insert a multiplier, e.g.: one, two, three] times the total value of the Contract;
Liability of the. Consultant 24.1 Subject to additional provisions, if any, set forth in the SCCC, the Consultant’s liability under the Call-Off Contract shall be as determined under the Applicable Law.
