LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY Sample Clauses

LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY. (a) The Escrow Agent will incur no liability for acting upon any instruction, notice, direction or other document believed by it in good faith to be genuine and to have been made, signed, sent or presented by the person or persons authorized to perform such act under the terms of this Escrow Agreement.
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY. (a) The Escrow Agent shall maintain the Escrow Information in a safe and shall provide the same degree of care for the Escrow Information as it maintains for its valuable documents and those of its customers lodged in the same location.
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY. As a fiduciary, conservator, receiver or guardian of the computer disc that it receives, ESCROW AGENT’s obligation is solely one of safekeeping. ESCROW AGENT shall not be obligated or required to examine or inspect the Source Code. The ESCROW AGENT cannot and does not warrant the content of the computer disc that it receives from PARADIGM, which purports to contain the Source Code. ESCROW AGENT's obligation for safekeeping shall be limited to providing the same degree of care for the Source Code as it maintains for its valuable documents and those of its CUSTOMERS at the same location. However, ESCROW AGENT shall not be responsible for any loss or damage to the Source Code due to changes in atmospheric conditions (including, but not limited to, failure of the air conditioning system), unless such changes are proximately caused by the gross negligence or malfeasance of ESCROW AGENT. ESCROW AGENT shall be protected in acting upon any written notice, request, waiver, consent, receipt or other paper or document furnished to it, not only in assuming its due execution and the validity and effectiveness of its provisions but also as to the truth and acceptability of any information therein contained, which it in good faith believes to be genuine and what it purports to be. In no event shall ESCROW AGENT be liable for any act or failure to act under the provisions of this Escrow Agreement except where its acts are the result of its gross negligence or malfeasance. ESCROW AGENT shall not have duties except those which are expressly set forth herein, and it shall not be bound by any notice of a claim, or demand with respect thereto, or any waiver, modification, amendment, termination or rescission of this Escrow Agreement, unless such notice is in writing and actually received, and, if its duties herein are affected, unless it shall have given its prior written consent thereto. PARADIGM and CUSTOMER shall jointly and severally indemnify ESCROW AGENT against any loss, liability, or damage (other than any caused by the gross negligence or malfeasance of ESCROW AGENT), including reasonable costs of litigation and counsel fees, arising from and in connection with the performance of its duties under this Agreement. PARADIGM and CUSTOMER acknowledge that ESCROW AGENT has previously represented and represents PARADIGM regarding other transactions, but nonetheless enter into this Agreement, consent to the representation by ESCROW AGENT of PARADIGM, and waive any conflict cr...
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY. 6.1 The Escrow Agent shall not examine or inspect the Source Code. The Escrow Agent's obligation for safekeeping shall be limited to providing the same degree of care for the Source Code as it maintains for its valuable information and property and that of its customers stored in the form of magnetic media at the same location. However, KIS and MCM agree and acknowledge that the Escrow Agent shall not be responsible for any loss or damage to the Source Code due to changes in atmospheric conditions (including, but not limited to, failure of the air condition system), unless such changes are proximately caused by the gross negligence or willful misconduct of the Escrow Agent.
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY a. The Escrow Agent shall not be obligated or required to examine or inspect the Source Code, or any of the revisions, corrections or enhancements thereof. The Escrow Agent's obligation for safekeeping shall be limited to providing the same degree of care for the Source Code as it maintains for its valuable documents and those of its customers lodged in the same location with appropriate atmospheric or other safeguards. However, the parties agree and acknowledge that the Escrow Agent shall not be responsible for any loss or damage to any of the Source Code due to changes in such atmospheric conditions (including, but not limited to, failure of the air-conditioning system), unless such changes are proximately caused by the gross negligence or malfeasance of the Escrow Agent. If the Source Code is damaged in any way, the Licensor shall
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY. (a) The Escrow Agent shall not be obligated or required to examine or inspect the Deposit or any updates, corrections, enhancements, changes and revisions thereto. The Escrow Agent's obligation for safekeeping shall be limited to providing the same degree of care for the Deposit as it maintains for its valuable documents and those of its customers lodged in the same location with appropriate atmospheric and other safeguards. However, the parties agree and acknowledge that the Escrow Agent shall not be responsible for any loss or damage to any Deposit due to changes in such atmospheric conditions (including, but not limited to, failure of the air conditioning system), unless such changes are proximately caused by the negligence or malfeasance of the Escrow Agent.
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LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY 
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Related to LIMITATION ON ESCROW AGENT'S RESPONSIBILITY AND LIABILITY

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