Liability of the Pool Sample Clauses

Liability of the Pool. The liability of the Pool for any coverage ceded hereunder will begin and end simultaneously with the liability of the Ceding Company, except that: a. No liability will be assumed for facultative submissions unless an unconditional offer has been made by the Pool member(s) and accepted by the Ceding Company as provided by paragraph two of Article III, Facultative Reinsurance.
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Liability of the Pool. The liability of the Pool shall begin and terminate simultaneously with that of the Ceding Company, provided that, in the case of a facultative submission, the Pool has notified the Ceding Company of its acceptance of the risk and the Ceding Company has included such risk in the quarterly List of Risks Reinsured. The liability of a Pool Member, for a particular policy under which the Company is liable, shall begin and terminate simultaneously with that of the Ceding Company, provided that, in the case of a facultative submission, the Pool Member has notified the Ceding Company of its acceptance. The liability of the Pool Member shall be restricted to its share of the Company's liability as limited by the terms and conditions of the particular policy under which the Company is liable. The amount of coverage provided by the Pool under a Conditional Receipt (or Interim Receipt) will not exceed the lesser of: 1. The Automatic Acceptance Limits; or 2. The Pool's share of the difference between the amount of insurance provided by the Conditional Receipt (or Interim Receipt) and the Company's maximum retention assuming the life had been underwritten as standard. The Company's retention will include any amounts retained under any in force policies on the life.
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Liability of the Pool. MSDLAF+ does not issue or insure the CDs nor does it guarantee the payment of principal of or interest on the CDs. MSDLAF+ is not acting as a broker-dealer or an investment advisor with respect to the CDs. Participant's investment advisory relationship is with Advisor. MSDLAF+ is not responsible for Participant’s compliance with the FDIC or NCUA insurance limits. MSDLAF+ assumes no obligations pursuant to this Agreement or with respect to the CDs.
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Liability of the Pool. The liability of a Pool Member, for a particular policy under which the Ceding Company is liable, shall begin and terminate simultaneously with that of the Ceding Company, provided that, in the case of a facultative submission, the Pool Member has notified the Ceding Company of its acceptance. The liability of the Pool Member shall be restricted to its share of the Ceding Company's liability as limited by the terms and conditions of the particular policy under which the Ceding Company is liable. The amount of coverage provided by the Pool under a Conditional Receipt (or Interim Receipt) will not exceed the lesser of: 1. The Automatic Acceptance Limits; or 2. The Pool's share of the difference between the amount of insurance provided by the Conditional Receipt (or Interim Receipt) and the Ceding Company's maximum retention assuming the life had been underwritten as standard. The Ceding Company's retention will include any amounts retained under any in force policies on the life; or 3. The Reinsurer's share of $500,000.
Sample 1
Liability of the Pool. The liability of a Pool Member, for a particular policy under which the Company is liable, shall begin and terminate simultaneously with that of the Ceding Company, provided that, in the case of a facultative submission, the Pool Member has notified the Ceding Company of its acceptance. The liability of the Pool Member shall be restricted to its share of the Company's liability as limited by the terms and conditions of the particular policy under which the Company is liable. The amount of coverage provided by the Pool under a Conditional Receipt (or Interim Receipt) will not exceed the lesser of: 1. The Automatic Acceptance Limits; or 2. The Pool's share of the difference between the amount of insurance provided by the Conditional Receipt (or Interim Receipt) and the Company's maximum retention assuming the life had been underwritten as standard. The Company's retention will include any amounts retained under any in force policies on the life.
Sample 1
Liability of the Pool. The Pool does not issue or insure the CDs nor does it guarantee the payment of principal of or interest on the CDs. The Pool is not acting as a broker-dealer or an investment advisor with respect to the CDs. Participant's investment advisory relationship is with the Advisor. The Pool is not responsible for Participant’s compliance with the FDIC insurance limits. The Pool assumes no obligations pursuant to this Agreement or with respect to the CDs.
Sample 1
Liability of the Pool. MAGIC does not issue or insure the CDs nor does it guarantee the payment of principal of or interest on the CDs. XXXXX is not acting as a broker-dealer or an investment advisor with respect to the CDs. Participant's investment advisory relationship is with Advisor. MAGIC is not responsible for Participant’s compliance with the FDIC or NCUA insurance limits. MAGIC assumes no obligations pursuant to this Agreement or with respect to the CDs.
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Related to Liability of the Pool

  • Liability of the Parties 16.1 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and indemnify the others against any expense, liability, loss, claim or proceeding whatsoever arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and /or where acting as Lead Authority . 16.2 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall be liable for and shall indemnify the others against any reasonable expense, liability, loss, claim or proceeding in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or is caused by any act or omission of that indemnifying Party in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority . 16.3 Whilst the Parties shall make all reasonable attempts to mitigate loss, each Party (“the indemnifying Party”) shall indemnify the others in respect of any reasonable loss caused to each of the other Parties as a direct result of that indemnifying Party’s negligence, wilful default or fraud or that of any of the indemnifying Party’s employees in respect of its role in the activities of the Joint Committee and/or under this Agreement and/or where acting as Lead Authority. 16.4 Where a Party is appointed the Lead Authority under the terms of clause 12 of this Agreement, the other Parties shall each indemnify the Lead Authority on pro rata basis according to the proportions of their respective financial commitments as set out in Clause 10 of this Agreement with the intent that the Lead Authority shall itself be responsible for its own pro-rata share.

  • Liability of the Bank (a) The Applicant assumes all risks of the acts or omissions of the Trustee, or any agent of the Trustee, and any transferee beneficiary of the Letter of Credit with respect to its use of the Letter of Credit. Neither the Bank nor any of its officers or directors shall be liable or responsible for: (i) the use which may be made of the Letter of Credit or for any acts or omissions of the Trustee and any transferee beneficiary in connection therewith; (ii) the validity or genuineness of documents, or of any endorsement(s) thereon, even if such documents should in fact prove to be in any or all respects invalid, fraudulent or forged; or (iii) any other circumstances whatsoever in making or failing to make payment under the Letter of Credit; provided, however, that the Applicant shall have a claim against the Bank, and the Bank shall be liable to the Applicant, to the extent of any direct compensatory, as opposed to consequential, damages suffered by the Applicant which the Applicant proves were caused by the Bank's failure to act in good faith or to observe general banking usage in connection with the Letter of Credit or failure to examine documents presented under the Letter of Credit with care to determine whether they comply with the terms of the Letter of Credit (it being understood that the Bank assumes no liability or responsibility for the genuineness, falsification or effect of any document which appears on such examination to regular on its face). The Bank is hereby expressly authorized and directed to honor any demand for payment which is made under the Letter of Credit without regard to, and without any duty on its part to inquire into the existence of, any disputes or controversies between or among the Applicant, the Trustee, any transferee beneficiary of the Letter of Credit or any other Person or the respective rights, duties or liabilities of any of them, or whether any facts or occurrences represented in any of the documents presented under the Letter of Credit are true and correct. (b) The Bank represents and warrants to the Applicant that it has all necessary authority to enter into this Agreement and to issue the Letter of Credit.

  • Liability of the Evaluator The Trustee, the Depositor and the Unit holders may rely on any Evaluation furnished by First Trust Advisors L.P., acting in its capacity as Evaluator, and shall have no responsibility for the accuracy thereof. The determinations made by the Evaluator hereunder shall be made in good faith upon the basis of the best information available to it. The Evaluator shall be under no liability to the Trustee, the Depositor or the Unit holders for errors in judgment; provided, however, that this provision shall not protect the Evaluator against any liability to which it would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of its duties or by reason of its reckless disregard of its obligations and duties hereunder.

  • Liability of Servicer The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

  • Liability of Seller Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by Seller and the representations and warranties of Seller.

  • Liability of the Seller The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder.

  • Liability of the Company The Company shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company herein.

  • Liability of the Servicer Notwithstanding any Subservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the Servicer shall remain obligated and primarily liable to the Trustee for the servicing and administering of the Mortgage Loans in accordance with the provisions of Section 3.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from the Subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Subservicer for indemnification of the Servicer by such Subservicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification.

  • Liability of the Manager No provision of this Agreement shall be deemed to protect the Manager against any liability to the Fund or the shareholders of the Portfolio to which it might otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of its duties or the reckless disregard of its obligations under this Agreement.

  • Liability of City CITY’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PAYMENT OF THE COMPENSATION PROVIDED FOR IN SECTION 3.3.1, “PAYMENT,” OF THIS AGREEMENT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

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