Liability of the Owner. (a) The Depositor shall be liable directly to and will indemnify the injured party for all losses, claims, damages, liabilities and expenses of the Trust (including Expenses, to the extent not paid out of the Owner Trust Estate) to the extent that the Depositor would be liable if the Trust were a partnership under the Delaware Revised Uniform Limited Partnership Act in which the Depositor were a general partner; provided, however, that the Depositor shall not be liable for any losses incurred by a Certificateholder in the capacity of an investor in the Certificate or a Noteholder in the capacity of an investor in the Notes. In addition, any third-party creditors of the Trust (other than in connection with the obligations described in the preceding proviso, for which the Depositor shall not be liable) shall be deemed third-party beneficiaries of this paragraph. The obligations of the Depositor under this paragraph shall be evidenced by the Certificate described in Section 3.10.
(b) The Owner, other than to the extent set forth in paragraph (a), shall not have any personal liability for any liability or obligation of the Trust.
Liability of the Owner. The Owner shall not have any personal liability for any liability or obligation of the Trust.
Liability of the Owner. The Owner shall be entitled to the protections and limitations of liability as set forth in Section 3803 of the Statutory Trust Act.
Liability of the Owner. 20.1 The Owner shall comply with the relevant regulations with regard to safe and civilized construction, supervise the Contractor to take measures for safety protection and civilized construction, and pay related fees as agreed in the contract.
20.2 The Owner should give education regarding the safety protection and civilized construction to the people on the construction site, and be responsible for their safety.
20.3 During construction and warranty period of the contracted project, the Owner may not request the Contractor to violate safety manufacture, civilized construction regulation or mandatory standards for construction; the Owner may not indicate or imply the Contractor to purchase, lease and use protective tools, machinery equipment, construction machinery, accessories, fire fighting facilities which can not meet the safety requirements for construction.
20.4 The Owner shall take the corresponding responsibilities occurred by disobeying the regulations or safety accidents caused by the Owner. The delayed project period shall not be extended.
Liability of the Owner. The Bidders are advised to avoid last moment rush to submit bids online and they should upload their bids well in advance before the Bid Submission Date and deadline. The Owner shall not be liable for failure of online submission of bid by the Bidder that may arise due to any reason whatsoever. It shall be construed that the procedure for online submission of bids, mentioned under Clause - 9 of ITB, has been read and understood by the Bidder. The hard copy of the bids submitted by the Bidder shall not be treated as a substitute to online bids submission and in case a Bidder fails to submit its bid online due to any reason, the hard copy of the bid shall not be considered for evaluation.
Liability of the Owner. The obligation of the Owner to repay the Loan and to make any and all payments to Xxxxxxx Mac required by this Agreement or any other Borrower Document shall not be subject to diminution by set-off, recoupment, counterclaim, abatement or otherwise. Until the latest of the date on which (i) all the Bonds have been fully paid (or provision made therefor as a legal defeasance) in accordance with the Indenture, (ii) the Credit Enhancement Agreement has been terminated in accordance with its terms, and (iii) all amounts due and owing Xxxxxxx Mac under this Agreement or any other Borrower Document have been paid, the Owner (a) shall continue to have the obligation to repay the Loan as aforesaid, and (b) shall perform and observe all of its other obligations contained in this Agreement, the Borrower Documents and all other documents contemplated hereby or thereby. The obligations of the Owner under this Agreement shall be absolute, unconditional and irrevocable and shall be paid and performed strictly in accordance with the terms of this Agreement under all circumstances whatsoever, including, without limitation, the following circumstances: (a) any invalidity or unenforceability of any of the Borrower Documents or any other agreement or instrument related to the Borrower Documents; (b) any amendment or waiver of, or any consent to or departure from, the terms of the Credit Enhancement Agreement, any of the other Borrower Documents, or any other agreement or instrument related to the Borrower Documents, any extensions of time or other modifications of the terms and conditions for any act to be performed in connection with the Credit Enhancement Agreement; (c) the existence of any claim, set-off, defense or other right which the Owner may have at any time against Xxxxxxx Mac, the Servicer, the Issuer, the Trustee, the Tender Agent, the Remarketing Agent, or any other Person, whether in connection with this Agreement, any of the other Borrower Documents, the Project, or any unrelated transaction; (d) the surrender or impairment of any security for the performance or observance of any of the agreements or terms of this Agreement or the other Borrower Documents; (e) defect in title to the Project, any acts or circumstances that may constitute failure of consideration, destruction of, damage to or condemnation of the Project, commercial frustration of purpose, or any change in the tax or other laws of the United States of America or of any State or any political subdi...
Liability of the Owner. 10.1 The Owner shall not be liable to the Customer:-
10.1.1 by reason of any representation or by reason of the breach of any implied warranty or other implied term or any duty at common law for any loss, damages, costs, expenses or other claim for compensation whatsoever howsoever the same may arise and whether occasioned by the negligence of the Supplier or the Owner, their servants or users or otherwise to the extent that:-
10.1.1.1 any such claim is for consequential loss or damages whether for loss of profit or otherwise; or
10.1.1.2 in respect of any claim for consequential loss or damage, the amount of any such claim exceeds the price for the system paid by the Customer.
10.2 The Owner shall not be liable for the performance use or consequences of any changes to the system or any system Software which are made otherwise than by the owner and the owner shall have no obligation hereunder to correct, maintain or update any part of the system or any system Software which has been the subject of any such change.
10.3 The Owner does not warrant that the system or any system Software will not infringe the copyright or other intellectual property rights of any other person.
Liability of the Owner. 12.1. The Owner shall not be under any liability whether in contract, tort or otherwise from any cause, whether occasioned by negligence or otherwise, for any injury, damage or loss, including special, indirect or consequential damage or loss or whether to persons or property, arising out of this Agreement including any defects in the Equipment.
12.2. All express and implied terms, conditions and warranties on the part of the Owner which might otherwise apply to or arise out of provision of the Equipment by the Owner to the Customer are excluded, except to the extent that any law does not permit them to be excluded.
Liability of the Owner. 28.1 No person, firm, or corporation, other than the signer of this Agreement as CONTRACTOR now has any interest in this Agreement, and CONTRACTOR is aware of no claim to the monies to be paid by OWNER to CONTRACTOR under this Agreement.
28.2 Neither the OWNER, nor any agent of the OWNER, shall be liable for or be held responsible to pay any money except as herein provided.
28.3 The acceptance by the CONTRACTOR of the payment of the final estimate shall release to the OWNER, and every agent of the OWNER, from all claims or liabilities held by, or that could be asserted by, the CONTRACTOR for anything done or furnished for or relating to the WORK.
28.4 Under no circumstances shall OWNER’s liability under this Agreement exceed the agreed-upon price to be paid by the OWNER under this Agreement.
Liability of the Owner. 6.1 The Owner gives no warranty except those implied by the Australian Consumer Law or any other law as to the condition of the Vehicle. Where those laws permit the Owner to limit liability for breach of implied condition or warranty, the Owner limits liability to replacement, repair or resupply and in particular the Owner is not liable for loss of profits and any indirect or consequential loss or damage.
6.2 All conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to any goods or services by us to Passengers under these Terms.
6.3 The Owner’s accumulated liability under this agreement is limited to the cost of the charter by the Customer.
6.4 The Owner excludes any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by the Customer and/or any third-parties in connection with these Terms.
6.5 Subject to these Terms, the Owner is not liable for any loss or damage arising out of or consequential upon, directly or indirectly, any abandonment of, delay in departure or delay during any trip howsoever caused.
6.6 The Owner is not liable for any loss, damage, cost, expense or liability incurred by the Customer as a result of an act or omission of a Carrier or any other third-parties.
6.7 The owner is not liable for any death, injury, sickness suffered by any Passenger or for any cost, loss, damage, liability or expense of any kind whatsoever suffered or incurred by a Passenger, including in respect of any damage, theft or loss of the Passenger's Luggage.
