Limitation of. LiabilityTo the fullest extent permitted by law, a Trustee shall be liable to the Trust and to any Shareholder solely for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office of Trustee, and shall not be liable for errors of judgment or mistakes of fact or law. The Trustees shall not be responsible or liable in any event for any neglect or wrongdoing of any officer, agent, employee, Manager, advisor, sub-adviser or Principal Underwriter of the Trust. All Persons extending credit to, contracting with or having any claim against the Trust or any Series shall look only to the assets of the Trust or any applicable Series that such Person extended credit to, contracted with or has a claim against, and neither the Trustees nor the Shareholders, nor any of the Trust’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees by any of them in connection with the Trust shall conclusively be deemed to have been executed or done only in or with respect to his or their capacity as Trustee or Trustees, and such Trustee or Trustees shall not be personally liable thereon. At the Trustees’ discretion, any note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers may give notice that the Certificate of Trust is on file in the Office of the Secretary of State of the State of Delaware and that a limitation on liability of Series exists and such note, bond, contract, instrument, certificate or undertaking may, if the Trustees so determine, recite that the same was executed or made on behalf of the Trust by a Trustee or Trustees in such capacity and not individually or by an officer or officers in such capacity and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only on the assets and property of the Trust or a Series thereof, and may contain such further recital as such Person or Persons may deem appropriate. The omission of any such notice or recital shall in no way operate to bind any Trustees, officers or Shareholders individually.
Limitation of. Damages EXCEPT AS PROVIDED BELOW IN THIS SECTION 10.14, IN NO EVENT SHALL REGENERON OR COMPANY BE LIABLE FOR SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS) SUFFERED BY THE OTHER PARTY, REGARLDESS OF THE THEORY OF LIABILITY AND REGLARDLESS OF ANY PRIOR NOTICE OF SUCH DAMAGES. HOWEVER, NOTHING IN THIS SECTION 10.14 IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS AND OBLGIATIONS OF EITHER PARTY HEREUNDER WITH RESPECT TO THIRD-PARTY CLAIMS. MOREOVER, NOTHING IN THIS SECTION
Limitation of. USE The Issuer agrees that the rating requested pursuant to this Agreement and assigned shall only be used for its intended purpose. For the avoidance of doubt and as an example, if the Issuer is assigned an Issuer rating it shall not represent such rating as the rating which would be applicable to any of its securities. Moody’s does not consent to or authorize the use of its rating(s) in any registration statement, offering circular, or prospectus (“Offering Documents”), notwithstanding any past communications or dealings of the parties or anything herein to the contrary. The preceding sentence does not prohibit the disclosure of, or reference to, a Xxxxx’x rating in an Offering Document except in circumstances where such disclosure of, or reference to, a Xxxxx’x rating in an Offering Document would require a consent or authorization from Xxxxx’x to be given and/or filed under any applicable laws, regulations, directives or rules (including, if applicable, the U.S. securities laws or the rules of any securities market or securities exchange). For the avoidance of doubt, if as a result thereof Xxxxx’x consent would be required to be filed with the United States Securities and Exchange Commission, the following actions may not be taken by the Issuer or by any other offering participant without the prior written authorization of Xxxxx’x, which authorization may be withheld or withdrawn in the sole discretion of Xxxxx’x: quoting, summarizing, incorporating by reference, linking by hyperlink or otherwise disclosing or using in any Offering Document, or in any other way referencing, disclosing or disseminating in any other written communication (including a written communication as defined in Rule 405 promulgated under the Securities Act of 1933, as amended) any of the following: (i) the fact that the Issuer has applied to Xxxxx’x for a rating, (ii) the fact that Moody’s has reviewed information provided by the Issuer in connection with the assignment of a rating, (iii) the fact that Xxxxx’x has assigned a rating and/or (iv) the rating, if any, assigned by Xxxxx’x. OMEZENÉ POUŽITÍ Emitent souhlasí s xxx, že veškeré podle této Xxxxxxx požadované a udělené ratingy smí být použity pouze pro stanovené účely. Pro vyloučení pochybností a jako příklad, pokud Emitentovi byl udělen rating Emitenta, nemůže Emitent vydávat takový rating za aplikovatelný i na některé z xxx vydaných cenných papírů. Xxxxx’x neudělila souhlas ani oprávnění k použití svého ratingu v jakémkoliv...
Limitation of. 29.1 Except in cases of criminal negligence or willful
Limitation of. FOR ANY CLAIMS, CAUSES OF ACTION, DISPUTES (AS DEFINED IN SECTION 14.1 BELOW), LOSSES (AS DEFINED IN SECTION 13.1 ABOVE OR DEMANDS ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SUCH CLAIMS RESULTING FROM THE BREACH OF ANY TERM OF THIS AGREEMENT AND/OR A PARTY’S NEGLIGENCE OR OTHER TORTIOUS CONDUCT AND/OR ANY DECISION BY XPRIZE TO DISQUALIFY A TEAM AND/OR TERMINATION OF THIS AGREEMENT BY XPRIZE. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF CIRCUMSTANCES CAUSE AVAILABLE REMEDIES TO FAIL.
Limitation of. LIABILITY Notwithstanding anything to the contrary in this Agreement or the Work Order or any other mutually agreed document between the parties, the maximum liability, for damages, of the Supplier, its servants or agents, shall under no circumstances exceed an amount equal to the Price of the Agreement or the Work Order. The bidder shall not in any case be liable for loss of profit or special, punitive, exemplary, indirect or consequential losses whatsoever. BHEL-PSWR (VOL-I-A- TECHNICAL BID SPECIFICATION)
Limitation of. Licensee's entitlement to damages (Liability); iii) binding nature of export and import regulations (Governing Laws and Geographic Scope); iv) shorter limitation periods (General); v) exclusion of applicability of provisions on adhesion contracts (General); and vi) acceptance of the risk of a change of circumstances (General).
Limitation of. No Safety and Health representative is personally liable for anything done or omitted to be done by in good faith under the purported authority of this section. In matters of Safety and Health, the Health and Safety Committee will follow the following provisions: RIGHT TO REFUSE DANGEROUS WORK
Limitation of. No member of a Safety and Health Committee is personally liable for anything done or omitted to be done by in good faith under the purported authority of this section or any regulations made under this section. The Employer shall post and keep posted the names and work locations of all the members of the Safety and Health Committee established for the workplace controlled by in a conspicuous place or places where they are likely to come to the attention of employees. The Employer and the Union shall, by mutual agreement, appoint Safety and Health representatives where the Employer and the Union agree such appointments are appropriate. The following provisions will apply to the Safety and Health representatives: Powers of Representative A Safety and Health representative: shall receive, consider and expeditiously dispose of complaints relating to the safety and health of the employees represented by the representative; shall participate in all inquiries investigations pertaining to occupational safety and health 'including such consultations as may be necessary with persons who are professionally or technically qualified to advise the representative on such matters; shall monitor on a regular basis, programs, measures and procedures related to the safety and health of employees; shall ensure that adequate records are kept on work accidents, injuries and health hazards and shall monitor data relating to such accidents, injuries and hazards on a regular basis; may request from the' Employer such information as the representative considers necessary to identify existing or potential hazards with respect to materials, processes or equipment in the workplace; and shall have full access to all Government and Employer reports relating to safety and health of the employees represented by the representative but shall not have access to the medical records of any person except with the consent of that person. of A Safety and Health representative is entitled to such time from work as is necessary to attend meetings or to carry out any other function as a Safety and Health representative of the Committee and any time spent by the Safety and Health representative while carrying out functions as a Health and Safety representative of the Committee shall, for the purpose of calculating wages owing to be to have been spent at work.
Limitation of. Remedy Except as expressly set forth in Section 9.5 regarding recalled Product and Section 13 regarding indemnification for certain third party claims, Company shall have no liability to Distributor for indirect, special, incidental, or consequential damages of any description, whether arising out of warranty or other contract, negligence or other tort, or otherwise. Distributor shall have no liability to Company for indirect, special, incidental or consequential damages of any description whether arising out of warranty or other contract, negligence or other tort or otherwise.
