Limitation of TEPUSA Liability Sample Clauses

Limitation of TEPUSA Liability. Notwithstanding anything to the contrary herein: (a) Gatherer acknowledges that TEPUSA is party to this Agreement for the sole purposes of: (i) dedicating the Xxxxxxx Dedicated Properties to the performance of this Agreement and agreeing to perform and be bound by the obligations set forth in Section 12.11, Section 12.12 and Exhibit A, Section 1 (subject to any reservations of rights of Producers set forth therein); and (ii) performing those responsibilities of or with respect to Operator required hereunder where TEPUSA or an Affiliate of TEPUSA so serves as Operator, and taking those actions with respect to the Operator where the Operator is not wholly-owned by Producers’ Parent; and (b) TEPUSA shall never have any responsibility hereunder for the payment of any amounts required to be paid by Producers hereunder, including payments in respect of any Xxxxxxx Fees, liquidated damages in respect of deficit volumes, costs in respect of any connections to the Xxxxxxx Gathering System, or any other amounts.
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Limitation of TEPUSA Liability. Notwithstanding anything to the contrary herein: (a) Gatherer acknowledges that TEPUSA is party to this Agreement for the sole purposes of: (i) dedicating the Xxxxxxx Dedicated Properties to the performance of this Agreement and agreeing to perform and be bound by the obligations set forth in Section 12.11, Section 12.12 and Exhibit A, Section 1 (subject to any reservations of rights of Producers set forth therein); and (ii) performing those responsibilities of or with respect to Operator required hereunder where TEPUSA or an Affiliate of TEPUSA so serves as Operator, and taking those actions with respect to the Operator where the Operator is not wholly-owned by Producers’ Parent; and (b) TEPUSA shall never have any responsibility hereunder for the payment of any amounts required to be paid by Producers hereunder, including payments in respect of any Xxxxxxx Fees, liquidated damages in respect of deficit volumes, costs in respect of any connections to the Xxxxxxx Gathering System, or any other amounts. (d) If the Total Parties deliver a duly executed Guaranty to Gatherer pursuant to clause (b) or (c) above prior to the termination of the Total Agreement pursuant to clause (f) below, the date such delivery occurs is herein referred to as the “Guaranty Delivery Date” and the Person providing such Guaranty is herein referred to as the “Guarantor.” (e) If the Guaranty Delivery Date has not occurred by February 1, 2010, then the following provisions shall apply: (i) If the Guaranty Delivery Date does occur, then in lieu of the February 1, 2010 Effective Date stated in each Gathering Agreement, the Effective Date of each Gathering Agreement shall be the first day of the first Month that follows the Guaranty Delivery Date (the “New Effective Date”). (ii) Notwithstanding anything to the contrary in the CMP AMI Transaction Confirmation, during the period commencing on February 1, 2010 and ending on the New Effective Date (the “Subject Period”), the Delivery Point under the CMP AMI Transaction Confirmation shall be deemed to be moved from the Xxxxxxx Delivery Points to the Xxxxxxx Receipt Points. (iii) During the Subject Period, all Gas that would have otherwise constituted Producers’ Gas under the Total Agreement if such agreement was in effect will be gathered under and in accordance with the terms of the CHK Agreement and the Xxxxxxx Maximum Daily Quantity for Year 2010 under the CHK Agreement will be increased by an amount equal to the volume stated for Year 201...
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Related to Limitation of TEPUSA Liability

  • LIMITATION OF OUR LIABILITY We are not responsible or liable to you or any supplementary cardmember for: • any delay or failure by a merchant to accept the card, • goods and services you charge to your account, including any dispute with a merchant about goods and services charged to your account, • any costs, damages or expenses arising out of our failure to carry out our obligations under this agreement if that failure is caused by a third party or because of a systems failure, data processing failure, industrial dispute or other action outside our control, and • loss of profits or any incidental, indirect, consequential, punitive or special damages regardless of how they arise. For example, we will not be liable to you or any supplementary cardmember for any malfunction or failure of the card or refusal by a merchant to accept the card. Clause required under the Consumer Protection Act. (Open credit contract for the use of a credit card)

  • Limitation of Seller's Liability This paragraph limits the liability of the seller. This is a usual provision, but flexible, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • Limitation of Liability for Claims The Declaration, a copy of which, together with all amendments thereto, is on file in the Office of the Secretary of the Commonwealth of Massachusetts, provides that the name "Investors Fund Series" refers to the Trustees under the Declaration collectively as Trustees and not as individuals or personally, and that no shareholder of the Fund, or Trustee, officer, employee or agent of the Trust, shall be subject to claims against or obligations of the Trust or of the Fund to any extent whatsoever, but that the Trust estate only shall be liable. You are hereby expressly put on notice of the limitation of liability as set forth in the Declaration and you agree that the obligations assumed by the Trust on behalf of the Fund pursuant to this Agreement shall be limited in all cases to the Fund and its assets, and you shall not seek satisfaction of any such obligation from the shareholders or any shareholder of the Fund or any other series of the Trust, or from any Trustee, officer, employee or agent of the Trust. You understand that the rights and obligations of each Fund, or series, under the Declaration are separate and distinct from those of any and all other series.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.

  • Limitation of Trust’s Liability The Sub-Advisor acknowledges that it has received notice of and accepts the limitations upon the Trust's liability set forth in its Declaration of Trust. The Sub-Advisor agrees that (i) the Trust's obligations to the Sub-Advisor under this Agreement (or indirectly under the Advisory Agreement) shall be limited in any event to the assets of the Fund and (ii) the Sub-Advisor shall not seek satisfaction of any such obligation from the holders of shares of the Fund nor from any Trustee, officer, employee or agent of the Trust.

  • Limitation on Liability The Company and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.

  • Warranty; Limitation of Liability 6.1 Nothing in this Agreement shall be deemed a warranty and any and all warranties in respect of the Program are exclusively set forth in the warranty policy available at xxx.xxxxxxxxxxx.xxx or upon Licensee's request. 6.2 In no event shall Licensor (including its officers, directors, employees and agents and its suppliers and licensors) be liable to Licensee (including any other entity or person related to or affiliated with Licensee) for any incidental, consequential, indirect, special or punitive damages whatsoever, or for any lost profits or revenue, lost business opportunities, lost or inaccessible data or information, or other pecuniary loss, arising out of or relating to this Agreement or the subject matter hereof, whether liability is asserted in contract or tort (including negligence or strict product liability) or otherwise, and irrespective of whether Licensor (including its officers, directors, employees and agents and its suppliers and licensors) has been advised of the possibility of any such damage or loss. 6.3 In no event shall Licensor's (including its officers, directors, employees and agents and its suppliers and licensors) aggregate liability under or arising out of or relating to this Agreement or the subject matter hereof exceed the Fees paid by Licensee to Licensor hereunder for the license of the applicable Program. LICENSEE ACKNOWLEDGES THAT THE PRICING OF THE PROGRAM AND THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF ITS LIABILITY. 6.4 The limitations of liability in Sections 6.1 and 6.2 above do not apply (a) with respect to product liability arising under laws implementing Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, to the extent liability cannot be contractually limited or disclaimed under such laws, (b) with respect to bodily injury, and (c) to the extent such damage or loss is the result of Licensor's intentional or grossly negligent conduct. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Licensee.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

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